Making him pay blind2long: Hello, to all, I guess I have joined the ranks of pain. Long story short, I married my boyfriend after he begged me to so he could stay in the country. We are aspiring artists and had formed a company to build our protfolio. It has been a hard road and has put us into deep debt, about $40k (some of this occured before the marriage but has been tied to the company through tax returns).
Now I find the way he repays me is by spending all my money on internet gambling and cyberdating. We were so broke and he spent thousands! Saying he was putting my income to the credit cards...I just found out last week.
So, I would like to get a divorce. In my current financial situation, it is very difficult to pay a lawyer. I have researched and printed out the paperwork and hope to file myself. But my QUESTION is this:
I would like to split the debt, but as the credit cards were all in my name, is this possible? He does not have a bank account or any credit. Will the credit companies do it? And, I have read that even if his half of the debt is assigned to him, if he defaults, it all comes back to me. Is there any way to garner his wages or force him to pay? I am afraid he will only flee back to his country and leave me hanging. Is there any advice out there or are there any trustworthy lawyers in Los Angeles I can talk to about this
Thank you so much for your help
Re: Making him pay threetimeloser: I am not a lawyer and I don't think any of them hang around here since they have no heart. When you file, make sure you make a request to make him accountable for half and also request that his wages be garnished if he has a job. Check this link for some info:
http://www.nolo.com/article.cfm/ObjectID/D290F59B-0501-49EA-A540ABBE602C261E/catID/697A614B-B8AD-43EB-BE4B39DA5E65686B/104/308/191/ART/
unfortunately, you are right. Yoe will still be responsible for the debt while it is in your name. They will not care if you have a decree. If the money does not come, it will go on your report. The only way around this is to have hime get his own credit cards and then transfer the amount directly to him.
You did not hear that from me ;)
One important thing, when you go before the judge, remain calm. Present the facts, present your petition of dividing the debt equally and asking for garnishment. Act as professional as possible and do not go on an emotional display. The court like that. Good luck.
Re: Making him pay Cassiphone06: I know you can have the bills split between you both even thow the cards were in your name you both are responsible, now as far as the credit card companies they don't care it's in your name you pay you will have to show your credit statements to the courts showing you both used the cards just the same. My husband and his ex when they were married she had alot of bills in her name like computers and such but when they got divorced the judge seen it as both of them and made my husband now pay for all debt. Only thing she had to pay is any new debt or bills. So it can be done. Good luck !
