For background, I am going through a divorce. My soon to be ex is on SSI, so if we each take 50% of the bills and I pay off my half, since they CAN'T collect from him, they can still come after me for his half, no matter what our divorce papaers say. I was planning to file bankrupsy on the entire ammount, minus my student loans, since I have never filed before and I can't afford to pay the whole thing. Today I got my marital settlement agreement and his lawyer included a paragraph saying that neither of us can file for bankrupsy against these bills because it would cause financial hardship for the other. Can I make him take that out of there before I sign the papers or is it something that HAS to be there? What other options do I have?
2007-03-01 07:55:06 · 14 answers · asked by TJ 2 in Family & Relationships ➔ Marriage & Divorce
1) I don't have a lawyer.....I can't afford one....his family paid for his.
2) I'm NOT taking the easy way out.......I have no job, no income. My ex husband supports me and my children and I we are barely making ends meet as it is.
2007-03-01 08:14:43 · update #1
To further make things clear.......the ex husband who is supporting me is my first husband..........we have reunited after 18 years apart......the one I'm divorcing is my 3rd.
2007-03-01 08:43:15 · update #2
Another thing......we have 2 children. One lives with me and one with him with libral visitation on both sides. We filed for joint custody. They wont make him pay mainteance because he is on SSI. No child support was ordered because, 1) we both have one child and 2) my earning capacity and his SSI are comensurate. The only way they would make ME pay child support is if I was able to earn a deal more money than he does.
2007-03-01 08:49:04 · update #3
You always have the option of rejecting the divorce papers. You are correct that the bill collectors will come after you for his half as well as yours, they dont care what the divorce papers say. You should absolutely make sure he either pays his half of the bills prior to signing the divorce papers or make him file for bankruptcy with you before signing the divorce papers. Even if one of you files for bankruptcy, they will go after the other one for the money, so you have to do it as a married couple prior to the divorce being final.
2007-03-01 08:00:13 · answer #1 · answered by Kevin J 4 · 2⤊ 0⤋
I am very sorry for you. You should understand one thing. You have already got divorce and you should only worry about your capability of paying your bills. If you think it will cause hardship for your ex and take soft stance, there is always a chance that your ex will take undue advantage of the situation. think what will happen if he files insolvency and gets it. You will be forced to undergo the hardship for some time. so my suggestion would be you really dont have to sign anything the other lawyer gives you. you can always say that you want it to be shown it to your advocate and ask for modification of the settlement. If at all you have already signed the settlement agreement, you do not have to worry because you can tell the judge when it presented before the court that you are not satisfied with the agreement. you can also move the family court and ask for some settlement regarding bills. Please talk to your advocate regarding this. your ex will be forced to come out with some good explanation about what he is going to do about the bills. more importantly your advocate would suggest you a solution with your problem and i dont really understand why nothing is done from his end. He could have asked the court for your maintance and your childrens maintance if they are in your custody. I believe you should be extra cautious about this. You can ask for the maintance now also. Please consult some good advocate immediately for this. I think you need to prove your ex's assets and income for this purpose. and i know you should collect some important documents such as property documents and salary receipt or IT returns. So act immediately and I wish you good luck.
2007-03-01 08:07:13 · answer #2 · answered by Advocate Bob 2 · 1⤊ 0⤋
First of all if you live here in the states you probably wouldn't get alimony even if he could pay because most states do not award alimony any longer, you might be able to get it for a few months but that wold be only for a time the court deemed necessary for you to find gainful employment. Which is what I suggest you do ASAP...then you'd best find yourself a lawyer because you can't just ask his lawyer to take something out of the divorce papers. It has to go through the courts and in order to do that properly you NEED a lawyer. You only have a certain amount of time in which to "answer" the papers. If you spend that time aruguing about that one paragraph without consulting a lawyer you will run out of time and your ex will get a default judgement of divorce and get everything exactly the way he wants it and you will get the shaft.
2007-03-01 09:28:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The papers are not in stone till signed and agreed on by both parties. the stipulation should be that your only 50% responsible of mutual assets minus the student loans. Talk to your ex and come to an agreement and then discuss with the lawyers.
2007-03-01 08:03:45 · answer #4 · answered by chemreaction 2 · 0⤊ 0⤋
in basic terms pay attention me out. it is not undemanding because of fact the guy you love lots does no longer experience the comparable. i comprehend the type you experience, my husband divorced me at once. It hurts so undesirable, like a dying. it extremely is unpredicted. such quite a few thoughts. you're no longer loopy. you're grieving. it is common. you in basic terms desire to communicate to those that will pay attention and comprehend what you're going nonetheless. i'm unlikely to tell you that each and every thing is going to be o.k. on the grounds it extremely is as much as you. there's no longer something i visit declare that can take the discomfort away on the grounds it extremely is yours. i can in basic terms inform you the thank you to deal. the main necessary ingredient is, do no longer take a seat around and stay in this. different clever, you will force your self insane! i comprehend you do no longer even desire to get away from mattress, yet you may. in spite of while you're using on your vehicle hating each and every minute of being conscious, you're doing something. you may shop your ideas busy. Take some classes, new pastimes. Make a time table. each and every ingredient happens for a reason. you will by no potential comprehend what that reason is till you reside your existence. As you maintain your self busy, the discomfort over the years heavily isn't as severe. It would not look that way because of fact it is so severe now. Your spouse is the single at loss, no longer you. She did you a desire. she will comprehend she made a mistake in a while. by then you would be over her. you will discover somebody who loves you back whilst the time is right.
2016-11-26 22:37:46 · answer #5 · answered by pirozzi 4 · 0⤊ 0⤋
The marital settlement agreement at this stage is a proposal. Do not sign it. Have your lawyer insist that this provision be removed. The marital settlement agreement is not an agreement until both parties have signed it. Good luck to you.
2007-03-01 08:06:43 · answer #6 · answered by John Timothy 5 · 0⤊ 0⤋
I remember the first thing i was told in the Army when i thought the drill instructor was going to kill me. When no one was looking, he grinned and said, " son, we can cook you, but they will not let us eat you". Keep it simple, visit or send a registered letter to everyone you owe money . You will be surprised, if some one owes you fifty dollars and says, " i can either pay you half or i can pay you nothing"
You will find, they will take half. Don't waste your money on a lawyer, go see the people and inform them. They will thank you for it.
good luck
2007-03-01 08:06:30 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Do not file for banckrupcy.
Do NOT sign anything.
You need to take your name off any joint bank accounts, take his name off your car title, takle yoru name off any joint utility bills, joint credit card etc.
You still have to pay 50% of the debt. And let the creditor deal with him if he doesn't pay, is HIS responsability. Make sure that yu check yoru credit report so he is not using yoru name and your ssn for loans and credit cards after the divorce.
Your best bet is to GO to court and express yoru concern to the judge.
DO NOT WAIVE YOUR RIGHT TO APPEAR IN COURT!!!!!!!!!
DO NOT SIGN ANYTHING THAT MAY IMPLY YOUR CONSENT ON THE DIVISION OF DEBT! NO NO NO
Good luck
2007-03-01 08:01:28 · answer #8 · answered by Blunt 7 · 0⤊ 0⤋
You don't HAVE to sign anything you don't agree to. But you most certainly need to get your lawyer involved.
Also, keep in mind that in addition to 50% of the bills, you're entitled to 50% of the assets.
Don't sign anything until it's to your agreement, otherwise you're just screwing yourself over.
2007-03-01 08:01:01 · answer #9 · answered by Suzuki_Mouse 3 · 1⤊ 0⤋
yes make him take it out, the lawyer is covering your ex husbands butt,, if he doesnt file and you do, then they can come after him, tell the lawyer tough, if he doesnt take it out you will let the judge take it out, ( chancey, but worth the threat )
you have little options esp in a community property state,
2007-03-01 08:00:58 · answer #10 · answered by rich2481 7 · 1⤊ 0⤋