My husband's ex-wife refuses to change her last name back to her maiden. This really doesn't bother us except the fact that she uses the last name to sign up for instant check cashing places that require no social security number, and we have bill collectors calling here all of the time for her because she still claims to be married to my husband.And i ask them why they are calling our # and they say "this is the # and address she gave us". She has never lived here! They have been divorced for 5 years, and we are currently getting calls. We have changed our number 3 times, but somehow (his parents probably) she gets ahold of the number and our address. It is also in the divorce papers that she is to go back to her maiden name. What can be done? Is it breach of contract, since it is in a legal document? She has been in the paper for bounced checks numerous times under our name too. The only time she uses her maiden name is for her food stamps and state help. Thanks in advance!
2006-11-07 04:35:17 · 26 answers · asked by Vita 3 in Family & Relationships ➔ Marriage & Divorce
After reading a few, i called a lawyer, and it is illegal, breach of contract and contempt in this state. Thank you! The lawyer is going to send her out a letter requesting she change it immediately and cease giving any company or entity our personal information ever again. Since it states in the divorce decree "(Her married name) is to change to "(her maiden name)" immediately" verbatim - that makes it illegal. As for the few that were kind of pushing that i was just jealous .. lol.. it wasn't about that.. it is about my credit and life. and by the way, I have known my husband and been his best friend for the last 16 years. And I know her very well too, we only expected all of this. And we have two kids of our own as well. They have kids, she sees them maybe 1 time a month, they live with us. So it wasn't really about her keeping the name just for the "look of it". I thank you all for such great answers!!
2006-11-07 15:52:44 · update #1
Yes, she is in breach of contract. You need to speak to a lawyer about this. You should also have her arrested for fraud. Giving your address and phone number is illegal. The collection companies could press charges against her. Talk to your family attorney regarding this matter. A judge can force her to abide by her divorce decree.
2006-11-07 04:39:00 · answer #1 · answered by Bill 3 · 2⤊ 2⤋
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2016-05-15 17:00:59 · answer #2 · answered by ? 3 · 0⤊ 0⤋
I'm not sure what state you are in but in California, the ex-wife is allowed to keep her ex-husband's name and not take the option to go back to her maiden name. This is what I did, as it was easier than changing my other paperwork back to my maiden name. I, of course, did not misuse that option and he did marry again before I did.
If the legal paperwork demands that she change her name, she can be reprimanded for that. Again, not sure what the state law mandates are but I would seek legal counsel and I'm sure you can do that through paralegal services (to save money).
In the meantime, I would get a privacy manager added to my phone line. The privacy manager will screen your phone calls and then you can just listen to the messages and return calls to those you know. It is the bill collector's responsibility to locate her and if you know her residence, I would call them up and let them know so that they can pursue the right individual. Have you thought to ask his parents not to give out your number? You can let them know the hassles you are going through - I'm sure they would be happy to help and would not give it out again.
The best thing to do is to seek legal counsel and file whatever papers against her to prevent her from using that name. Reread the divorce papers and make sure that it was written there (or any other legal document) that prevents her from keeping her ex-husband's last name. You will need that document for the paralegal to take legal course against her.
2006-11-07 04:43:53 · answer #3 · answered by terryoulboub 5 · 3⤊ 0⤋
No.. She isn't Breaching anything.. First... the offer for ANY Legal Family documents for the now Ex-Spouse (Wife) to be able to legally have her maiden name is optional..NOT forced by law, unless Both parties mutually agree within the Divorce aggrement that is to be.. Meaning, the courts encourage/offer that arrangment, since SS and other legal records have to be altered for her maiden name, hence easier when presenting solely the Divorce documents stating that... Or, more tedious legal name changing process... why the Courts offer and allow which is in EVERY U.S. State to have read..
2nd.. If she chooses to continue that former Marriage last name- Your Hubby's last name.. Also was and IS her legal last name, since she Married, plus changed on her Drivers License and all records....
She shouldn't use any form of mailing address with your residence though, which doesn't mean that is unlawful either, as some people use different mailing address... When I sold my house with my Ex Husband and we were awaiting to move into our new home, yet the real estate company had an inspection delay, so had to stay with my Ex's parents for a week, until all forms declared fine... I had to used 1 time their address for a form, then afterwards changed, so sadly the Post/USPS and other forms, even credit back ground searches would read under my name for me residing at his parents residence...
Doesn't mean I had for longer than that 1 week, nor permanent, rather annoying for me viewing... ANYONE can place literally anyone's house address for any forms.... renters, visitors on vacation for a few months.. whatever reason basically, yet if she is listing then meant she is wanting to tick you both off... reactive situation towards you being spiteful and working, or ya wouldn't have posted this years ago...
Legally... she does NOT have to change her name...
Also, continues, then just inform company/whom ever is calling and is bothering you credit wise and let them know this is their last time contacting you, OR you will file a harassment charges via ( credit/Consumer Atty)- FCRA Attorney.. Easy... stop changing your numbers and just keep recorded on your idea with back up images taken of your phone call log of those creditors calling..
I've had Sooooooo many creditors calling for this negative debt previous cell number Ower at least 5 times daily insisting that this fruitcake wackjob IS able to be reached via MY new cell number, which I use for Business also, so is annoying, so instead.. I have a new online Playstore APP downloaded and BLOCKED ALL their known phones 3's from getting through.... Helps greatly..
IF your Hubby and his Ex have children together MAY also be the main reason, as known other parents have done to keep the married last name..
For me... I'm Re-Married.. Have three kids with my Ex of 15 years and continued that horrible last name due to respecting my munchkin's, hence remarried new last name tacked on... Called by my new Married last name and legally recorded as a very long full last name.. SO, really.... Not a big deal and people have their own weird reasons, even after 5 years perhaps why....
Request in WRITING that His Parents stop offering the new #, regardless whatever excuse the Ex Wife gives them to receive your new #.... Then, wait and see..
Honestly... Here's one.. thought.... If your phone # is NOT paid for Private listing via yellow pages, or phone book recorded.. EASY to obtain your phone numbers with all the technology, so maybe is NOT His parents offering...
Or- maybe they liked her better and why they don't mind offering.... knowing it would tick you off. ;)
2015-08-27 09:31:40 · answer #4 · answered by Veritas Entertainment Events Inc. 2 · 1⤊ 0⤋
Get a lawyer immediately. If she's using one name for state assistance and another name for private banking, that's fraud. You have documents with both her names and court ordered papers where she has to change her name back to her maiden name. If I were you, not only would I get a lawyer, but I would get in touch with the state agencies that she's getting assistance from. Once they get the info, they'll have to investigate and may also press charges and or insist that she repay the money they have given her so far.
2006-11-07 05:17:22 · answer #5 · answered by married2004 3 · 2⤊ 0⤋
Turn her into the health services about her using her maiden name for state help. Tell them that you are getting calls from bill collectors, and give them her married name. Maybe they can check into this, it seems a bit fishy to me and fraudulent. Then your husband needs to talk to his lawyers to file that she has not changed her last name back to maiden, and is using his last name to get credit, and you are recieving calls from bill collectors. Seeing as it was in the divorce contract. Good luck! :)
2006-11-07 04:47:09 · answer #6 · answered by Anonymous · 2⤊ 0⤋
Actually, the divorce decree isn't stating that she HAS to go back to her maiden name, it just says that legally she can do so if she wants to. As for the phone #, I'd change it, or disconnect it all together...and nobody get the damn #. I think its very rude of the in laws to be giving out your home telephone # without your permission. I've been doing very well without a home telephone for the last two years...and only use my cell phone...hell of alot cheaper and I'm very selective about who I give it to.
2006-11-07 04:50:58 · answer #7 · answered by gypsy g 7 · 2⤊ 2⤋
Maybe she's looking to pull something crooked at retirement age off his name, if he was the husband with the best income. Otherwise, I'd say she justs likes the sound of her first name with his last name. Or she could be just keeping for the sake of children if there are any. Nothing to be worried about, even though it seems strange.
2016-03-19 05:04:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You and your husband should seek the advice of a qualified attny with husband's divorce papers in hand.
His X is obviously playing games that need to be stopped immediately.
Sounds almost like a form of identity thieft.
2006-11-07 04:59:10 · answer #9 · answered by iyamacog 7 · 2⤊ 0⤋
Texting lets you control the tone and establish what kind of conversation you want to have. Learn here https://tr.im/duwP3
This is probably the most important part. With texting, you can stop and think about what you want to say to your ex at each step of the way. Instead of reacting emotionally, you can take your time, figure out the right thing to say (I’ll give you most of it), and be strategic with your ex without saying something that you’ll regret.
2016-02-11 20:16:41 · answer #10 · answered by Anonymous · 0⤊ 0⤋