My husband was in an accident and is now being sued. He had no insurance then as now. He's being sued for hospital bills and another 10,000. I'm seperated but I was with him then. We've seperated a number of times in the past but this time's the last straw. The summons was just served yesterday,if that matters. Please anyone help. we have one son that he doesn't help to raise and I have a daughter by my first husband to support. Will they garnish my wages?
2007-02-05 07:00:26 · 10 answers · asked by Debbie5150 1 in Family & Relationships ➔ Marriage & Divorce
if you are in a community property state, yes you may have to pay. you may want to ask a lawyer in your state regarding what the creditors can & cannot do to you.
2007-02-05 07:07:05 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Ultimatly any debts incurred while in marriage are joint. You say you were seperated...... well if you did not have a legal seperation it doesn't matter and the same applies. While it would take a while for them to go after you for the money if your name is anywhere on the documents or if you have had contact with the creditors/businesses they most likely will.
There is only one way to sort this out. You care about your kids no matter what right? You can't go down much futher than this so you have to start fresh. You have a guy who doesn't help with his child, gets into trouble and you have seperated several times.
Though there is something to say for giving something a try you have to get a divorce or at least a legal seperation to protect your kids. But the cycle needs to end. Possibly this will be a wake up call for your husband. Odds are he is not the type to get the idea but give him a chance to.
As harsh as it may seem after trying so many times you need to end it to have a chance to rebuild either with him or without. Either you two realize that you are both responsible and can work together on this, wanting to be together or just give it up and see what happens.
And yes and meaning no offence from an outside view it does appear that even if he his messing up...... you are being narrow minded and are as well unable to realize what marriage is.... a partnership where everyone is flexible. Keep him or not but just decide and skip the drama. Someone has to have a brain rather then just let the kids suffer.
2007-02-05 16:06:10 · answer #2 · answered by jackson 7 · 0⤊ 0⤋
You cannot be garnished or otherwise required to pay unless you too are sued and a judgment is taken against you. If you did not incur any of the hospital bills or the other $10,000 then you are not responsible for paying it in most states. Ask your husband for a copy of the summons and petition and see if your name is on it anywhere. If not, you are not being sued. But, if you get served you best get a lawyer to defend you.
It is best to consult a lawyer in any event because he may be able to give you a clearer answer.
2007-02-05 15:08:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
This has to do with technicalities of the law. You were married at the time so you had implied responsibility.
I can see the other side argue that the separation was a ploy to hide money and assets so the husband had nothing to pay for what he had done.
Hire a lawyer and don't talk to the insurance company of the plaintiff.
2007-02-05 15:19:30 · answer #4 · answered by Sir Richard 5 · 0⤊ 0⤋
Legally you are still married to him while the debt occurred. As unfortunate as it sounds..legally you are responsible. I had a friend that was married to a man that separated from him; not legally but he was fired. His ex-wife was collecting child support but since the father was out of work they went after his current wife even though they were separated. She was told that she carries their financial burden also. I am sorry!
2007-02-05 18:32:14 · answer #5 · answered by Maybe I am a smartass..so what 4 · 0⤊ 0⤋
You're his wife and you should help him! Marriage is a partnership and it's no longer about you anymore. You can't stand by your man after a bad accident? I would have separated from you too. It's all about you isn't it?
2007-02-05 15:24:09 · answer #6 · answered by SillyKimmie 4 · 0⤊ 0⤋
Get a lawyer. One familiar with your juristiction.
I am not one, but I would bet that you are liable along with him. And you should be. You were married and with him. The circumstances of your separation are irrelevant.
2007-02-05 15:35:26 · answer #7 · answered by fucose_man 5 · 0⤊ 0⤋
If your name is not on the law suit, don't worry about it. If it is, hire an attorney, you're going to need one.
2007-02-05 15:04:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Talk to an attorney.
2007-02-05 15:15:57 · answer #9 · answered by chiefs fan 4 · 0⤊ 0⤋
im not sure
2007-02-05 15:04:42 · answer #10 · answered by sweetgranny06 7 · 0⤊ 0⤋