can't pay debt because of disability

[Jesurun]

My wife has had a stroke that has left her incapacitated and totally and permanently disabled. The check she was getting from social security has run out and she is now with no income. She is not eligible for any social security disability nor SSI benefits. She doesn't own anything but a year 2000 car, that she can no longer drive. She have some outstanding credit card debts and a student loan debt. Because of her present condition the student loan has a forgiveness program. Therefore what do she have to do with the credit card debts since she can't pay? I have to conduct all her business for her. We have living together every since we got married in Norfolk Virginia. Please any help would be appreciated. Thank you.

 

[LdiJ]

My wife has had a stroke that has left her incapacitated and totally and permanently disabled. The check she was getting from social security has run out and she is now with no income. She is not eligible for any social security disability nor SSI benefits. She doesn't own anything but a year 2000 car, that she can no longer drive. She have some outstanding credit card debts and a student loan debt. Because of her present condition the student loan has a forgiveness program. Therefore what do she have to do with the credit card debts since she can't pay? I have to conduct all her business for her. We have living together every since we got married in Norfolk Virginia. Please any help would be appreciated. Thank you.

Social Security does not "run out" and even if she did not have sufficient work credit she would qualify for SSI. What else is going on here?

 

[Proserpina]

My wife has had a stroke that has left her incapacitated and totally and permanently disabled. The check she was getting from social security has run out and she is now with no income. She is not eligible for any social security disability nor SSI benefits. She doesn't own anything but a year 2000 car, that she can no longer drive. She have some outstanding credit card debts and a student loan debt. Because of her present condition the student loan has a forgiveness program. Therefore what do she have to do with the credit card debts since she can't pay? I have to conduct all her business for her. We have living together every since we got married in Norfolk Virginia. Please any help would be appreciated. Thank you.

Have you contacted the creditors to explain the situation?

 

[Proserpina]

Social Security does not "run out" and even if she did not have sufficient work credit she would qualify for SSI. What else is going on here?

Not necessarily - I'm thinking OP's income might disqualify her completely.

 

[tranquility]

As with LdiJ, there are some things missing. Like, where did you live when the debt was created?

 

[OHRoadwarrior]

Why are you not paying the credit card debt if you benefited from it?

 

[Jesurun]

Social Security does not "run out" and even if she did not have sufficient work credit she would qualify for SSI. What else is going on here?

Her SS ran out because it was given to everybody in my family when I retired, all my children until they reached 18 got a check so here it is 5 years after I retired and all of their payments came to an end except my 16 yr old she still get hers till 18 yr old. My wife can't get SSI because my retirement money is to much for her to qualify for it.

 

[Jesurun]

Have you contacted the creditors to explain the situation?

Yes but they don't just forgive debt and it go away.

 

[Jesurun]

Not necessarily - I'm thinking OP's income might disqualify her completely.

What is OP"s income?

 

[OHRoadwarrior]

In a community property state, since you did not list yours, you can be held liable for some of the debts. Also if you benefited from them.

 

[Jesurun]

As with LdiJ, there are some things missing. Like, where did you live when the debt was created?

We are married and been living together in Norfolk, Virginia for over 20 years when she made these debts

 

[tranquility]

We are married and been living together in Norfolk, Virginia for over 20 years when she made these debts

I don't know marital property states very well so will let others answer in more detail, but in 2011 VA passed a law that debt made after the marriage and before a divorce is presumed to be a marital debt unless the parties can prove it was for non-marital purposes. I don't know if that relates back to debts before 2011. But, both the credit card debt AND the student loan debt may very well be your responsibility as well as your wife's.

 

[Proserpina]

What is OP"s income?

OP = you, Original Poster.

Income = money/stuff coming into your household

 

[Jesurun]

Why are you not paying the credit card debt if you benefited from it?

I did not benefit from these debt, I paid and is still paying all the bills and the mortgage while she made all this debt for her personal use. She made this debt on her own without consulting with me because that was her business and she did not need my approval to do it. That was alright with me because I didn't bother with her and her business, she was entitled to that. Furthermore the credit cards companies thought they should lend her that money and I had nothing to do with it so I don't want to have anything to do with it now. So since she's incapable to handle her own business I just want them to know she has no income and no payment can be made. And because of her condition they will have to bite the bullet and not me.

 

[Jesurun]

OP = you, Original Poster.

Income = money/stuff coming into your household

Like I said I am retired and I get enough retirement pay to not have to work to keep the bills paid and take care of my family.