Questions about who pays debts during divorce

[Shayna]

What is the name of your state? GA

During divorce proceedings but before the divorce is final, there are debts being racked up due to various circumstances. How will these be handled once the divorce is ever finalized? Some examples of mine:

1) Maintaining the house -- I am not living in the house right now, because my STBX is. However, he is claiming that he is spending hundreds of dollars to do repairs and cleaning and stuff to get the house ready for sale. Can he claim these expenses out of my share of the proceeds once the house is sold? If we were still married, he would have to pay all of these things anyway since I usually didn't work and didn't contribute to the household expenses.

2) Expensive medical bills - if I incur a lot of medical bills / nursing care costs due to major surgery, can the doctors and hospitals make my STBX pay them? I have insurance through his employer, but it won't pay for everything that I require. Since I don't work and he does, shouldn't he pay all the extra costs? I'm staying with family but they can't be expected to do everything, since I am still his wife and technically his responsibility.

Right now all he is paying is what was ordered in the temporary support hearing. The court order does not address any of these extras, so I am certainly not paying when stuff breaks at the house I am not living in, but I still think he should be responsible for my medical care.

Also since we have a house together, could doctors and hospitals come after his share of the house proceeds? If that amount wasn't enough to pay the bills, could they take all the house proceeds, even my share?

 

[Ohiogal]

What is the name of your state? GA

During divorce proceedings but before the divorce is final, there are debts being racked up due to various circumstances. How will these be handled once the divorce is ever finalized? Some examples of mine:

1) Maintaining the house -- I am not living in the house right now, because my STBX is. However, he is claiming that he is spending hundreds of dollars to do repairs and cleaning and stuff to get the house ready for sale. Can he claim these expenses out of my share of the proceeds once the house is sold? If we were still married, he would have to pay all of these things anyway since I usually didn't work and didn't contribute to the household expenses.

2) Expensive medical bills - if I incur a lot of medical bills / nursing care costs due to major surgery, can the doctors and hospitals make my STBX pay them? I have insurance through his employer, but it won't pay for everything that I require. Since I don't work and he does, shouldn't he pay all the extra costs? I'm staying with family but they can't be expected to do everything, since I am still his wife and technically his responsibility.

Right now all he is paying is what was ordered in the temporary support hearing. The court order does not address any of these extras, so I am certainly not paying when stuff breaks at the house I am not living in, but I still think he should be responsible for my medical care.

Also since we have a house together, could doctors and hospitals come after his share of the house proceeds? If that amount wasn't enough to pay the bills, could they take all the house proceeds, even my share?

Are you an adult or a child? Because you are acting like a child. The debts belong to those who rack them up. If expenses are incurred getting the house ready for sale and to sell it, then those are expenses that are paid out of the proceeds -- off the top before they are split. And no he should not pay all the costs for YOUR medical bills. All he has to pay is what is ordered in the temporary support hearing. You are responsible for the rest until the final orders. Why shouldn't the doctor and hospital come after YOUR share of the house proceeds? Your attitude is ridiculous and truthfully you owe on the upkeep to the house as well. You do not get to profit from it and make him pay everything just because you want to act like a spoiled pampered brat.

Half the debts are yours and half the assets. And explain why in a previous post YOU were the one living in the house and you have also asked how to make him pay more and more. YOU ARE A SPOILED LITTLE BRAT!

 

[Ohiogal]

For your viewing pleasure

Miss Shayna's history:


https://forum.freeadvice.com/search.php?searchid=1557933

She's a real Georgia Peach ain't she?

 

[Shayna]

While I appreciate your prompt replies, I could do without the name calling, thank YOU very much!

Are you sure that anyone could come after me for debts, considering that I am not even working or able to work? I mean seriously, what could they get or do to me? I have a recent inheritance, but I was smart enough to sign that over to a family member so it's not in my name.

Wouldn't it be easier for them to go after my STBX and garnish his wages or something? He has stable employment, so it's there for the taking... also, I have been telling him that I want to get the court ordered payments garnished from his check, but that hasn't happened so far. How would I get the ball rolling on that? I don't like that he waits until the afternoon that the payment is due on his payday to deposit funds in my bank account. I'd rather have it deducted right from his employer and off the top, and deposited electronically where I choose.

 

[nextwife]

I get it. Your money is only yours, and his money is yours too.

 

[Ohiogal]

While I appreciate your prompt replies, I could do without the name calling, thank YOU very much!

Are you sure that anyone could come after me for debts, considering that I am not even working or able to work? I mean seriously, what could they get or do to me? I have a recent inheritance, but I was smart enough to sign that over to a family member so it's not in my name.

Wouldn't it be easier for them to go after my STBX and garnish his wages or something? He has stable employment, so it's there for the taking... also, I have been telling him that I want to get the court ordered payments garnished from his check, but that hasn't happened so far. How would I get the ball rolling on that? I don't like that he waits until the afternoon that the payment is due on his payday to deposit funds in my bank account. I'd rather have it deducted right from his employer and off the top, and deposited electronically where I choose.

Considering you are admitting to committing a crime I don't think anyone is going to help you. Have a good day.

 

[Golfball]

While I appreciate your prompt replies, I could do without the name calling, thank YOU very much!

Are you sure that anyone could come after me for debts, considering that I am not even working or able to work? I mean seriously, what could they get or do to me? I have a recent inheritance, but I was smart enough to sign that over to a family member so it's not in my name.

Yes, anyone you owe money to can come after you and your assets. They may be able to seize the inheritance as well, if a court determines that the transfer of title was a means of hiding assets.

Why would they not be able to come after you? (Ok, if you don't have any assets, or they've all been seized, there may not be anything to seize, but that won't stop them from trying to collect.)

Wouldn't it be easier for them to go after my STBX and garnish his wages or something?

Why would they? Unless he's (explicitly) claimed responsibility for the debt, or somehow wants to pay for it, he doesn't owe them, and creditors don't like wasting their time going after people who don't owe them money.

The mere fact of your marriage does not create responsibility for him.

He has stable employment, so it's there for the taking... also, I have been telling him that I want to get the court ordered payments garnished from his check, but that hasn't happened so far. How would I get the ball rolling on that? I don't like that he waits until the afternoon that the payment is due on his payday to deposit funds in my bank account. I'd rather have it deducted right from his employer and off the top, and deposited electronically where I choose.

Your wishes may be immaterial. If there aren't children involved, and he's not in arrears (and there has to be a significant arrearage. 1 day won't cut it), the court may not order wage withholding.

 

[almost done]

If there aren't children involved, and he's not in arrears (and there has to be a significant arrearage. 1 day won't cut it), the court may not order wage withholding.

Generally speaking, what constitutes "significant" arrarages? hundreds, thousands?

Wouldnt the court also take into account the facts as to why the arrearages occured to begin with?, i.e. one was ordered to pay certain items and failed to do so, so the payer withheld $ because of same?

 

[Just Blue]

Generally speaking, what constitutes "significant" arrarages? hundreds, thousands?

Wouldnt the court also take into account the facts as to why the arrearages occured to begin with?, i.e. one was ordered to pay certain items and failed to do so, so the payer withheld $ because of same?

That is not a defense to arrears. If the ex was ordered to pay for some debt and didn't and a collection agency went after you for payment, you can't pay that debt and then take it out of the alimony. You would have to file a contempt charge through the courts.

 

[Golfball]

Generally speaking, what constitutes "significant" arrarages? hundreds, thousands?

In the state I had to deal with (in re: wage withholding), the enforcement office (for spousal support only) would not consider starting the process for wage withholding (and this was spelled out in the the local court rules) until two months arrearage (of periodic withholding) had accumulated, and the grace period for that second month had lapsed. (If maintenace was due on the first, they wouldn't even file the notice of intent until the 8th or 9th.)

Wouldnt the court also take into account the facts as to why the arrearages occured to begin with?, i.e. one was ordered to pay certain items and failed to do so, so the payer withheld $ because of same?

In the state I dealt with, that would not qualify as sufficient to postpone wage withholding, the enforcement office would proceed anyway.

 

[CLBKLCDTB]

While I appreciate your prompt replies, I could do without the name calling, thank YOU very much!

Are you sure that anyone could come after me for debts, considering that I am not even working or able to work? I mean seriously, what could they get or do to me? I have a recent inheritance, but I was smart enough to sign that over to a family member so it's not in my name.

Wouldn't it be easier for them to go after my STBX and garnish his wages or something? He has stable employment, so it's there for the taking... also, I have been telling him that I want to get the court ordered payments garnished from his check, but that hasn't happened so far. How would I get the ball rolling on that? I don't like that he waits until the afternoon that the payment is due on his payday to deposit funds in my bank account. I'd rather have it deducted right from his employer and off the top, and deposited electronically where I choose.

Are you for real?

You want to keep all "your money" and have him pay all your debt?

So you do not work...and get spousal support. (feel lucky you have that) That is what should be being used to pay your debt.

Any debt you have is yours. if you cant pay, or don't pay, the creditors will place a judgement on you. You will have no credit.

Your husband may pay his support at the last minute, but he does pay. So good luck garnishing his wages.

Wow, I still can't believe you are for real....

 

[draygnmage]

I'm actually sitting here with my mouth hanging open. You are a real piece of work lady. What kind of a gold-digging, lazy, dead beat are you?? And yes, they WILL sue you for the money you owe if the balance warrants it. They will keep a judgment and lien order active for the maximum amount of time possible. I sincerely hope you become stupid enough to try and purchase property or get a job or put your name on a bank account in the next few years and that some law firm drains that account. YOU are the reason I LOVE my job. People who think they have all the angles covered and know all the tricks are my bread and butter. We always catch you. You can run, but you can't hide.