Deductions from support?

[MizFit]

What is the name of your state (only U.S. law)? FL

Our marital debts were to be split 50/50. My ex is planning to go to consumer counseling, and come up with some kind of plan, and he intends to deduct the payments he sees fit from the spousal support before he pays it to me in order to "make sure" that I pay my half.

Most important question is, can he do this? I don't know what kind of payment schedule they will set up for him, but his income is 7x as high as mine, and I may not be able to afford it.

My divorce was a mess. I'm starting to think that my attorney really didn't do his job. I hired him because I don't know ANY of the legal matters relating to all of this, and I am starting to have my eyes opened that I was VERY foolish in how I handled things.

The ex has a number of judgments and liens against him because he doesn't even bother to show up for court when he has a suit against him. If I am not named in those, can he expect me to pay for them? Also, his checking account (joint, but we divided them years ago) is overdrawn because he has not paid the associated credit card in some time, and he expects me to pay half of the fees before he will let me refinance the loan for my car.

He has a history of deducting things from the temporary spousal support, such as dental payments for our child that were reimbursed to him by the insurance company and before I was ordered to pay a portion of her medical. I have outstanding doctor bills that I paid for her from last year that he will not reimburse me for his portion because he says I didn't ask him before I took her (I did notify him).

My credit is actually pretty good, and I would have liked to keep it that way. His is a total train wreck, however, so I am not sure if that will be possible. My attorney told me that I will need to file bankruptcy, which I would prefer to avoid. However, I will say that I'm not really thrilled about paying 1/2 of his debt from a period of about 3 years when I did NOT contribute to it because I had no credit cards on the account, etc. I'm not really thrilled about paying for 3 years of him eating out or whatever else he has on there (including thousands of dollars from trying to help a very unfit woman he knew get custody of her 13 year old daughter). I'm sorry, but this just does not seem fair to me.

If he DOES deduct a large amount from the spousal support, I could have some real problems.

He has the home, he has our daughter (my attorney also convinced me to give him primary custody although I didn't do anything to lose custody, but the GAL report had some huge inaccuracies in it, which I'm also still pretty upset about) (not only that but he is not letting me see her according to ANY schedule of fairness right now and I may have to file a motion for that), he has almost EVERYthing from the marriage, and on top of that they are harassing me in every way they can find to do (such as calling animal control on me, sending numerous accusatory emails, sometimes calling me repeatedly at work, etc.).

His income is almost all military disability if that matters.

Any adivice MUCH appreciated.

Thank you.

 

[Ohiogal]

No he cannot deduct anything from Spousal Support.

 

[candg918]

How can military disability income be 7 times your income? That makes no sense.

 

[MizFit]

Because he is on 100% disability with full aid and attendance as well. And I make a good hourly wage (at least for this area - this area is very economically depressed in terms of wages) and work less than full time at the moment.

When they calculated the support, the papers all listed my income at nearly twice what it actually is, and my expenses for generating income were not included. But perhaps they were imputing full time to me, was my guess.

My actual income is less than 1/7 of his actual income though. It just is. On a GOOD month, LOL.

MizFit

 

[LdiJ]

Because he is on 100% disability with full aid and attendance as well. And I make a good hourly wage (at least for this area - this area is very economically depressed in terms of wages) and work less than full time at the moment.

When they calculated the support, the papers all listed my income at nearly twice what it actually is, and my expenses for generating income were not included. But perhaps they were imputing full time to me, was my guess.

My actual income is less than 1/7 of his actual income though. It just is. On a GOOD month, LOL.

MizFit

How much debt is involved? Did you own a home and did you get your share of the home equity? How much of his debt is premarital? How much of the debt comes from after you separated?

Your situation is pretty complex and I don't know if you know or can convey the information that you need to be able to convey in order for you to get any real help here.

He is not allowed to deduct anything from the spousal support, but if you have been ordered to pay 1/2 of the marital debt, and you don't, then you would have a serious problem.

 

[MizFit]

I am not sure how much total debt is involved. I'll try to break it down by time.

There was essentially no premarital debt. He owed perhaps a few thousand to his father for a vehicle and for a social security overpayment. I had no debt.

There is a home. The original loan was only for about $60K. The home's value at the time was $125K. We built it ourselves and saved a good bit, and there was a grant also for part of the building cost due to his disability (I think $38k).

The marriage was for 20 years, then we separated. At the time of separation, I am not sure of the amount of the mortgage (it had been refinanced several times) but it was probably around $100K. There were credit card debts at that time. I am not sure of the amounts, probably about $13K. We separated almost 6 years ago. Several months after separation, he took out a second mortgage. I was stupid and signed something ... sorry, but I was in a total tailspin at the time and also living on no income. I had about $3k in my account when we separated and that was all I took with me. I thought I signed the 2nd mortgage. I think it was about $25K.

For about 5 years, our daughter lived with me during the week, and I took her to visit her father every weekend (2-3 overnights) then picked her back up. I worked part time so I could stay home and homeschool her, and took odd jobs I could do at home, and did work online, all this to get by. He gave me about $550 a month to support our daughter. I found out later it should have been about $2k per month for temporary spousal support and then probably an additional $800 child support if I had gone through legal channels.

The second mortgage was SUPPOSED to pay off the credit card debt. In fact, I have no idea what he did. I did have a credit card on his account, which I used only to pay for 1/2 of the gas I used to drive our daughter places (since I provided all transportation) and sometimes for her clothing and school books. I never bought anything for myself on there. Almost 6 years ago, I stopped using "his money."

Now I am not sure what the debts are. I know of about $20k in liens against the house for credit card debts. A suit for $2k for his furniture was just dropped against me. I owe less than $2k for my car. His vehicle is paid off. I'm guessing this other outstanding credit card may be around $10k. His attorney has a $10k lien against the house, I think. The total of the mortgages are around $240K, and the value of the house is probably $240-250K (maybe less, because he has not repaired damage from storms that the insurance company gave him checks for and the roof is really getting damaged, down the walls of the house). I have about $6K in debt from attorney's fees and expenses that I still owe.

He is supposed to pay the mortgage. I am supposed to pay for my car. The rest of the marital debt is supposed to be split 50/50.

I think much of the debt (other than what I had to borrow for attorney fees) now stems from his use of the credit cards after our separation, and I'm not thrilled about having to pay that, especially when I have been living so cheaply for years already while he lives in a nice house and eats out, etc. My credit is good, because I pay my bills, but that's about all I can afford to do.

We are supposed to be tenants-in-common (I think that was the term) as far as the house. He is allowed to live there, and he is supposed to pay the mortgage. If he dies, or if the house is sold, 1/2 is supposed to go to me. I have not received anything on the house, and don't truly expect to as it is so heavily mortgaged.

Our divorce is already final. We have the orders signed from the judge and everything.

My attorney knew all of this, but didn't mention any of it during the hearing. He swept the whole custody thing aside as well, and that has caused me a lot of trouble. I should ask on the custody forum as well.

I hope that answers the questions. I know the amounts are all "I think" and "about" but I have not had a handle on the financial aspects of all of this for years before we separated. He always handled those things.

Oh ... and I have been getting calls from his mortgage company as well. When I gave them his phone number, they told me that that had been the phone number on record. When they called that number (the ex's house) they were told the number was no longer any good and he gave them MY number to ask for payment. It seems he's more than two months behind on his mortgage as well? I was told that my name is not listed on the mortgage, so I don't know if he's taken out another mortgage or I was wrong and I'm not on there. Either way, he was ordered to make the mortgage payments.

I do know my name is on the deed. But the house is worthless with all of its debt.

My current income (with spousal support) is only about $19K. I don't see any way to pay large amounts of debt easily. I am willing to set something up to pay monthly, but I doubt I can afford more than about $100 a month tops. With this kind of debt, it may take many years to repay. If my credit will be bad until some years after I pay the debt, I wonder if bankruptcy would be the better option, but I really don't want to do that. I also really don't want to pay for his spending for the past 6 years while at times things like garbage service, telephone, and a washer and dryer have been luxuries I didn't have the money for.

I hope this answers the questions, and I know it's long.

Thanks if anyone has any insight or help.

 

[LdiJ]

I am not sure how much total debt is involved. I'll try to break it down by time.

There was essentially no premarital debt. He owed perhaps a few thousand to his father for a vehicle and for a social security overpayment. I had no debt.

There is a home. The original loan was only for about $60K. The home's value at the time was $125K. We built it ourselves and saved a good bit, and there was a grant also for part of the building cost due to his disability (I think $38k).

The marriage was for 20 years, then we separated. At the time of separation, I am not sure of the amount of the mortgage (it had been refinanced several times) but it was probably around $100K. There were credit card debts at that time. I am not sure of the amounts, probably about $13K. We separated almost 6 years ago. Several months after separation, he took out a second mortgage. I was stupid and signed something ... sorry, but I was in a total tailspin at the time and also living on no income. I had about $3k in my account when we separated and that was all I took with me. I thought I signed the 2nd mortgage. I think it was about $25K.

For about 5 years, our daughter lived with me during the week, and I took her to visit her father every weekend (2-3 overnights) then picked her back up. I worked part time so I could stay home and homeschool her, and took odd jobs I could do at home, and did work online, all this to get by. He gave me about $550 a month to support our daughter. I found out later it should have been about $2k per month for temporary spousal support and then probably an additional $800 child support if I had gone through legal channels.

The second mortgage was SUPPOSED to pay off the credit card debt. In fact, I have no idea what he did. I did have a credit card on his account, which I used only to pay for 1/2 of the gas I used to drive our daughter places (since I provided all transportation) and sometimes for her clothing and school books. I never bought anything for myself on there. Almost 6 years ago, I stopped using "his money."

Now I am not sure what the debts are. I know of about $20k in liens against the house for credit card debts. A suit for $2k for his furniture was just dropped against me. I owe less than $2k for my car. His vehicle is paid off. I'm guessing this other outstanding credit card may be around $10k. His attorney has a $10k lien against the house, I think. The total of the mortgages are around $240K, and the value of the house is probably $240-250K (maybe less, because he has not repaired damage from storms that the insurance company gave him checks for and the roof is really getting damaged, down the walls of the house). I have about $6K in debt from attorney's fees and expenses that I still owe.

He is supposed to pay the mortgage. I am supposed to pay for my car. The rest of the marital debt is supposed to be split 50/50.

I think much of the debt (other than what I had to borrow for attorney fees) now stems from his use of the credit cards after our separation, and I'm not thrilled about having to pay that, especially when I have been living so cheaply for years already while he lives in a nice house and eats out, etc. My credit is good, because I pay my bills, but that's about all I can afford to do.

We are supposed to be tenants-in-common (I think that was the term) as far as the house. He is allowed to live there, and he is supposed to pay the mortgage. If he dies, or if the house is sold, 1/2 is supposed to go to me. I have not received anything on the house, and don't truly expect to as it is so heavily mortgaged.

Our divorce is already final. We have the orders signed from the judge and everything.

My attorney knew all of this, but didn't mention any of it during the hearing. He swept the whole custody thing aside as well, and that has caused me a lot of trouble. I should ask on the custody forum as well.

I hope that answers the questions. I know the amounts are all "I think" and "about" but I have not had a handle on the financial aspects of all of this for years before we separated. He always handled those things.

Oh ... and I have been getting calls from his mortgage company as well. When I gave them his phone number, they told me that that had been the phone number on record. When they called that number (the ex's house) they were told the number was no longer any good and he gave them MY number to ask for payment. It seems he's more than two months behind on his mortgage as well? I was told that my name is not listed on the mortgage, so I don't know if he's taken out another mortgage or I was wrong and I'm not on there. Either way, he was ordered to make the mortgage payments.

I do know my name is on the deed. But the house is worthless with all of its debt.

My current income (with spousal support) is only about $19K. I don't see any way to pay large amounts of debt easily. I am willing to set something up to pay monthly, but I doubt I can afford more than about $100 a month tops. With this kind of debt, it may take many years to repay. If my credit will be bad until some years after I pay the debt, I wonder if bankruptcy would be the better option, but I really don't want to do that. I also really don't want to pay for his spending for the past 6 years while at times things like garbage service, telephone, and a washer and dryer have been luxuries I didn't have the money for.

I hope this answers the questions, and I know it's long.

Thanks if anyone has any insight or help.

All of that honestly should have been handled in the divorce. You should not be held responsible for debt that accumulated during your separation, and absolutely no debt that has occurred since you filed for divorce. However, if everything wasn't spelled out in the divorce paperwork, it problematic to say the least.

Other than potentially some of the mortgages, is your name on any of the other debt?

He does not have the right to deduct anything at all from the spousal or child support.

 

[MizFit]

Thank you SO MUCH for your input. I can't tell you how much I appreciate it.

I have talked to consumer credit counseling, and they advised me first to get a credit report. I've been having trouble with the online verification (especially not having access to all of the info) but I have managed to get a full report from TransUnion.

Under bad accounts includes:

-his furniture for a little over $2K, which is listed as charged off as bad debt

Under Satisfactory includes:

-6 loans with $0 balance, all paid or paying as agreed, all closed
-a revolving joint account with a balance of $3,600 (which I believe is actually late) and marked as closed by consumer

A single inquiry where I opened a bank account last year

I don't know if the credit report would necessarily show all accounts that my name is listed on? I know he canceled my credit cards years ago. I know that there are liens against the house for $20k in defaulted credit card debts, but I was never sent a notice to appear in court for any of them, and they are not listed under my name in the court records.

The car loan is in his name (but it's my car and I have been ordered to pay it, and intend to do so). I can't afford to pay it all off. He claims he paid it without knowing and wants me to pay the past two months to him in cash immediately and keep the loan in his name and continue paying the last 3 payments. My plan instead was to refinance the loan over 9 months in order to make the amount more manageable to me. He says he will not allow me to do this, but honestly, I don't see where it is up to him.

I need to look at his account overdraft and find out if there's any reason for me to pay a portion of that as he is asking.

I don't even see the current mortgages on my credit report. One of them called me because he told them to, but I was told that I was not on the mortgage and so they couldn't give me any info. I have no idea why he would choose not to pay the mortgage, because surely he doesn't want to lose the house. There are two closed mortgages on my credit report; both were refinanced through someone else.

He says that he cannot afford things, but I just don't see it. He must be paying his utility bills, because they are not turned off. But his vehicle is paid for. He pays the live-in. But by my calculations, after paying the mortgage, spousal support, and the amount he claims to be paying the live-in, he should still have almost $4k a month left over for utilities, gas, groceries, etc. All of his medical needs are provided for. Even so, he has a history of just ignoring bills, lawsuits, and liens as far as I can see.

I am glad to hear he cannot automatically deduct money from spousal support. It makes it too hard to plan my budget without knowing if that money will be there or not.

I want to pay MY bills, and those I am legitimately responsible for. However, I don't really want to pay for the way he's been living these past years when I have been working several jobs and living in much lower conditions.

I see from my search of court records that divorce cases are re-opened quite often? I don't know if that is after the final paperwork comes, or if this can be addressed, but I really appreciate your help.

Thank You.