My husband left me 3 years ago and now that he has a new girlfriend he refuses to pay for the credit card debt. My only income is SSI for my 2 disabled sons. I can't use their money for my husbands dept. Does he have to agree to file bankruptcy with me or can I do it on my own since he made sure all the credit cards were in my name. ..but since we are still married isn't he responsible for the debt too? We've been married 13 years in Florida.
2006-08-11 02:59:19 · 16 answers · asked by Cynthia 2 in Family & Relationships ➔ Marriage & Divorce
when i separated from my husband i was only working part time and as most of the bills were in my name, i could not afford to raise my two children AND pay the credit cards, car loan etc.
i looked through the blue pages (government listings in Canada) and found a number for the superintendent of bankruptcy.
i found out that, not only could i file for bankruptcy on ALL debts (even joint ones - which he was left on the hook for) but i could do so at a reduced cost due to my low income.
best of luck!
2006-08-17 15:51:23 · answer #1 · answered by canadian_beaver_77 4 · 1⤊ 0⤋
You should visit SAVEHUNTER.NET- I am sure here you can find the best option for you
RE Can a person file for bankruptcy if they are still legally married but separated?
My husband left me 3 years ago and now that he has a new girlfriend he refuses to pay for the credit card debt. My only income is SSI for my 2 disabled sons. I can't use their money for my husbands dept. Does he have to agree to file bankruptcy with me or can I do it on my own since he made sure all the credit cards were in my name. ..but since we are still married isn't he responsible for the debt too? We've been married 13 years in Florida.
2014-10-03 07:15:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
i am not sure if florida is a community property state but yes the debt was acquired while you were married an is joint by default. He is being financially irrepsonsible and although your name is only on the cards, you will likely need to get to court
ASAP to get him to start to pay. The fact that it is three years ago brings up the idea of the debt going up in between.. Is the separation formal? He can not just leave and not pay. He should be giving you both child and spousal support plus any extra for the special needs. Get thee to a court with attorney in tow now.
If you file bankrupcy, he will get pulled into it whether he likes it or not. It may protect you and the credit card companies will look for the next person to collect from. Good luck.
2006-08-11 04:51:18 · answer #3 · answered by timbother@pacbell.net 2 · 0⤊ 0⤋
You have two children who are disabled. You need to get good daycare so you can get a good job to take care of them. I know it's hard, but you can and must do it if you're a mother and are single.
Pay a little bit on the bills at a time, even if it means you don't have furniture or whatever new things you want to have. Get rid of those debts however you have to.
Get a lawyer. File for divorce. The man you married is not a father or a husband, evidently. You can ask the judge to enter a judgment for him to payoff the remaining amount of debt, and there will be backpay on alimony and child support. Keep all receipts and record of payment in a ledger you give your lawyer to show the judge.
This is sad, but I hope you will do the right things and things will go well for your sons' sakes.
2006-08-17 12:37:00 · answer #4 · answered by *babydoll* 6 · 1⤊ 1⤋
You can file bankruptcy without him or you can have a joint, but I would suggest not doing that and definitely not use your children's money to pay for his or your mistakes for that matter. You have to be financially responsible with your money to prevent disasters. "Do without the things you want, but get the things you need", I always say that to people when I hear of financial difficulties.
Two wrongs don't' make a right.
Use your best interest for yourself and your children and by all means try to stay away from bankruptcy. You can see credit counselors and make arrangements to pay debts and credit cards, you can have the them wave interest...there's ways out of it, but if you don't try to handle it the best way and take the easy way out, your gonna find out in the long run you goofed worse.
trust me...it is better to tackle the debt and get on the bull horn and make it happen even f you have to have yard sales or bake cookies and sale them, your gonna get out of debt and you will feel much better with yourself and your pride. Your credit is important...so dont' trash it. it's all you have in life when things come necessary to purchase a home or car...let's face it. You need your credit so tackle your problem headstrong and go for it. Good Luck
2006-08-18 04:22:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
YES you can file for bankruptcy while still married. In fact once yours has been declared then he will be responsible for the debts that the two of you had together. In other words they will go after him to pay the debt. I know because I caught my husband cheating and left because the local police said they should not be with me 24/7 to keep me safe and he filed for bankruptcy and did not let me know a thing about it . I am having to gather my stuff, what little I have, to file bankruptcy my self because I can't pay all these bills! On top of that he is in the process of selling our home to his girlfriend who by the way is his first cousin. He/ we owed back taxes and had liens on our home so all monies made goes to pay that, therefore unless I wanted to pay more than her ( and then have all the liens on it still) then by law they can take my hose and sell it to her for them to live in. FILE TODAY!
2006-08-17 05:19:09 · answer #6 · answered by cindy s 2 · 0⤊ 0⤋
Yes, you can file separately, absolutely! try this link for information http://usabankruptcyassociates.com/usabk/index.asp
You can even file asking for a waiver of the court fees, since your income is your sons SSI. Try an attorney, for bankruptcy most give free consultations. Add up your debts and take that information with you. Good Luck!
2006-08-11 03:21:07 · answer #7 · answered by Anonymous · 1⤊ 0⤋
If they are in your name you are sh*& out of luck! it is your debt. you can file bankruptcy for what is in your name i believe. i donthink you can file for stuff with his name on it. why arent you divorced after 3 years. i left my exhusband on halloween and was divorced may 1st. and i did it myslef at 20 years old. get off your *** and get divorced.
2006-08-11 03:04:23 · answer #8 · answered by mml619 3 · 0⤊ 0⤋
contact volunteer,lawyers,and make an appointment . they would know it in and outs of his responsibility's.toward you. and if you were living under the same roof. also sue for alimony..you might have to do it alone.if his name was not on the cards....
2006-08-18 14:09:13 · answer #9 · answered by tysgrandma99 4 · 0⤊ 0⤋
get a lawyer, and get one now. You need to get your divorce taken care of, and see what you can get them to get him to help pay for. Then go for some major child support!!!!!!
Honey no need to take that kind of crap from someone who left you!
2006-08-16 08:31:39 · answer #10 · answered by addybme 4 · 0⤊ 0⤋