• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Post Divorce help with prior bills

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

K

kcqtkitty

Guest
What is the name of your state? KS

I will try to make this brief if possible. My husbands ex wife has not followed the div decree and we are in the process of modifying. She had taken the support monies received for half of the childs medical,etc expenses and blew it at the casino's and now collectors are hounding us for the bills she was supposed to pay. I sleep days and she is just being purely hateful by giving collectors my home phone number constantly (unlisted & only in my name). We were told way back during their divorce that hubby could NOT give out her personal information to collectors, and we respected that and even informed her of such. Now she is in turn referring them to us as well as having her family give them our phone number. HELP!!! To add insult, We just recently married and this has been going on for months on end. The phone is and has been only in my name and I realize we are now married so all is joint but is there any legal recourse we can take?
 


O

OnlyOneVoice

Guest
If he can prove that he made the half cost payments to her (i.e. checks payable to her, with the reason for the check in the notes line and the proof that she cashed them) then he can persue it in the courts.

Also, he needs to inform the collectors that he is not the "responsible" party and that he is ordered by divorce decree to make all half payments to her and not the provider and demand that they stop contacting him by phone. They may request proof of his court order so you Xerox it and forward it to them with any copy of a check made payable to the mother for the amount in question.

IF they continue to contact him after he has provided them with documentation he may have grounds for a harrassement suit against the collectors.

Also, change your number and give her only a cell phone number that you can turn off. In fact get a prepaid phone, don 't turn it on. Get the minimum minutes and leave it turned off.

This way they can't bother you anymore and she gives them a useless number. Also if you can prove the harrassment, you may be able to get a court order demanding that she stop providing this info to collection agencies.
 
K

kcqtkitty

Guest
Thank you very much for the sound advice. We have our hearing tomorrow for the modification of the original divorce decree and I have obtained cancelled check copies as well as bill payment histories on some of the child's medical expenses that the bio mother did not pay after we gave her our half. I hope this all works out for once. Unfortunately we cannot afford a cell phone :( And we have to provide her with a contact number.
 
O

OnlyOneVoice

Guest
If you have any proof of the collection calls that have been made because of her failure to pay and the fact that she is providing them with this information with the expressed intent of avoiding payment you may be able to get a restraining order on that point and you can then persue her in court if this continues.

Good luck!!!
 
K

kcqtkitty

Guest
update on court and great news :)

Well court was awesome yesterday. Our attorney said she has never seen a case won with such restrictions as ours in such a short time. We were granted sole custody and the bio moms visitations were trimmed back and restricted even more. As far as the bills, our lawyer told her to "sue" us if she felt it wasnt fair we arent paying anymore. We have all the proof we need to back up our attempts to carry our end of the agreements. Thanks for your help!
 
C

cyana

Guest
Keep in mind...

that creditors are not bound by divorce settlements as far as the division of marital debts are concerned. Thus you can expect any "joint" creditors or any of your dh's creditors that the ex was supposed to pay but isn't (I have no idea if this is the case), to keep calling your number. Your dh can file a "motion for contempt" because she's not following the court ordered division of debt.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top