I was widowed 7 years ago: 3 Children 7,14,20 (Now) Married 5 1/2 years ago for less than 4 years. Have no children with second wife. Provisional 600 - Maintenance 600 - Rent Prescriptions - 250 average a month All Credit Card Minimum balance (20000 all in her name charged after seperation) Divorce dragging along with contempts, continuations etc. I am on my 3 and 4th final hearings. What rules of the court do I have regarding having 2 children (widowed) and she has none. Judge does not seem to care about me raising children since I make 79000 and she doesn't work. She applied for Social Security benefits and is supposed to have an appeal date soon. Won't disclose information. She is seeking 1100 a month in maintenance, COBRA and me paying her credit cards she charged when she left. I re-financed house before she left and we paid her credit card debt, she took 14000 cash. Seems I am being taken to the cleaners and I am about to lose my house that was mine for 5 years before her and I put her name on after a year of marriage. No equity in home. (120000 owed, 89900 fair market) There doesn't seem to be any laws to protect the widowed chidren and I from losing everything.
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Indiana. You should be able to have all of your expenses for you and your children considered. As far as her credit card debt, you have a good argument to not have to pay. As long as you have an attorney to protect your rights, I think you are in good shape to defend yourself, if you can hold on.