Dads Divorce - Free custody and alimony advice for men and fathers.
Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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Question: What are the consequences of closing our shared savings and checking so I can control the money? Over the last year, my wife has run up a shared Visa buying shoes and a wardrobe. I do not trust my wife since we were just in a 2-month separation. I'm back in the home now, but she shows no signs of love, desire, nor hope. In the mean time, I found out her Mom sent her a bit of money a few years ago. She also opened a credit card in her name and is using it to pay our mortgage and other home bills on a monthly basis. She then pays the Visa using our shared checking account. I think she has been building and establishing credit. I earn the money because she refuses to work, and I feel that she is positioning herself to leave me and take much of what I have worked for. Any advice?
Question: My wife signed my name on a credit card where I am the only authorized signer and ran up the bill. Is that legal?
Question: My divorce was final Oct 04. in Dec 05 my exwife consolidated her credit cards onto two cards that had had my name on them (joint). These cards had a zero balance and I thought they were closed, the credit card company has records where she took cash advances and paid off her other credit cards. We have three children together and joint custody. I have the children at least 50% of the time and that is soon to increase due to her taking a job traveling out of state a lot. I pay all of the insurance, M.D. bills, school lunches / activities etc. Court decree states we are to share all children related expenses. I have not received any money from her since Oct 05. Needless to say I can't afford any other payments. She is having a hard time making the payments and the credit card companies refuse to take my name off the cards. AM I RESPONSIBLE FOR HER DEBT? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Kentucky. Was your name still on the cards when she took out these loans to pay off other debt? Was it after divorce? She is not entitled to incur debt in your name after the divorce. Check your Judgment to be sure, but she should have agreed to not incur any further debt in your name and to hold you harmless. So alhtough you should not be liable, you can be held liable by the credit card companies if your name is still on the account. I suggest that if you incur any expenses, etc. related to those debts you can take her back to family court for contempt for failure to pay her debts and request her pay you what you have been damaged.
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Posted by Dads Divorce in wages , MO , Maintenance , Maintenance , income , expenses , debt , credit card , Child Support , Ask A Lawyer , alimony
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Question: My wife and I are beginning our divorce proceedings and I am waiting for funding to begin my search for a attorney. She has retained one and I have a basic question. She has a college degree, has worked full-time for 5 years, part-time for three, and been a full-time mom the last 3 years. We have been married 11 years. I pay my own expenses in my sales job which are about $1,000 per month. Also we have over $30K in credit card debt which I will take on after our divorce. Would these debt payments be subtracted from what I may be required to pay in spousal maintenance? Also would the business expenses be deducted to arrive a child support amount? Answer: Essentially, your gross income is what the Court considers for your child support. So long as you can show that you are paid (probably by 1099) and then you pay out of pocket expenses,your attorney can argue that your adjusted gross is the appropriate number. I have been successful with that argument. Make sure to bring your tax return to meet with your attorney. With respect to maintenance (spousal support), you may or may not be obligated to pay it. There are a number of factors that the court will look at to determine if your Wife is entitled to it. (your income and expenses, her income and expenses, length of marriage, her age and ability to go back to work again full time, etc.) Maintenance is not based upon a set calculation like child support. As far as the debt, the payments of the debts will be looked at in your expenses to determine if maintenance is appropriate and how much.
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