Vegas Divorce & Maybe Identity fraud?

[WAYR]

What is the name of your state (only U.S. law)? Las Vegas, NV

Ok, I hope I dont put anybody to sleep here. A close friend of mine has been living separated from her husband for over a year (not legally). She has a FT Job at a call center($12/hr). Before they separated he squandered there savings gambling in the Casinos in Vegas. They had to foreclose on their home and defaulted on their car loans. Most of that initial damage was on his credit. Going their separate ways he started to open lines of credit under her name. About 6 months go by the bills start to come in overdue to her. To her surprise it totaled over $15K. She could not afford to pay the monthly payments and he was unwilling to pay them as well because he did not have a job. He does not pay for Child Support, he wont sign the divorce papers because he wants alimony now from her and continues to use he information for getting credit. Such as trying to enter back into real estate and pulling peoples credit information under her. Her credit is now horrible. She has the kids 12 days and he gets them every other weekend. What options is she looking at for getting him to sign the divorce papers and finalize it? Also, she tried once in 2009 paying for the documents but he would not sign them and she lost her money. Is there a way that he has to pay the debt he gathered under her name and now left her with? What are the chances that she would have to pay him alimony? He was making more money than her when they were together. Is he some how liable for ruining her credit and using her name for lines of credit without her consent? He is also wanting to get half her tax return which she is using to pay some off some of the debt he made. Such a huge headache. Thanks for listening.

 

[Zigner]

Why should he pay child support? Has there been a court order?
Why should she pay alimony? Has there been a court order?

Why does she think he has to sign?


Get thy friend to an attorney.

 

[Proserpina]

She doesn't need him to sign a thing - she needs to file for divorce and establish custody and child support.

She can go here for more help with Nevada pro se (without an attorney) divorce information:

Self Help - Nevada Supreme Court Law Library

 

[Zigner]

Pro -

OP has seemingly already TRIED this on her own. She needs an attorney.

 

[Proserpina]

Pro -

OP has seemingly already TRIED this on her own. She needs an attorney.

Good point - but I was wondering if she actually had gone ahead and tried to do this herself first or whether perhaps OP had misunderstood and she hadn't actually filed anything, being under the impression that she needs her ex's consent.

 

[Zigner]

Good point - but I was wondering if she actually had gone ahead and tried to do this herself first or whether perhaps OP had misunderstood and she hadn't actually filed anything, being under the impression that she needs her ex's consent.

I see your point too...

 

[mistoffolees]

Pro -

OP has seemingly already TRIED this on her own. She needs an attorney.

In addition, she needs to get down to the police station and file a report on him opening credit lines in her name. If she files a complaint, she may not have to pay. OTOH, if she pays for a while, they'll assume that she was OK with it and it will be much harder to get out of it later.

 

[Zigner]

In addition, she needs to get down to the police station and file a report on him opening credit lines in her name. If she files a complaint, she may not have to pay. OTOH, if she pays for a while, they'll assume that she was OK with it and it will be much harder to get out of it later.

Excellent point

 

[WAYR]

response

thanks for the quick reply's. they have not been to court for anything. Originally he was paying her $200/month for child support but then his checks started to bounce and then he quit. He feels that she should have to pay him alimony because he does not have a job. I am trying to get her to an attorney but Im afraid she doesnt have the monetary means at the present time to pay. Its just that in the mean time he continues to ruin her credit even further. So its an option for her to file a police report against him for doing what he is doing? Is there a chance that she would not have to pay for all that debt? Thanks again

 

[Proserpina]

thanks for the quick reply's. they have not been to court for anything. Originally he was paying her $200/month for child support but then his checks started to bounce and then he quit. He feels that she should have to pay him alimony because he does not have a job. I am trying to get her to an attorney but Im afraid she doesnt have the monetary means at the present time to pay. Its just that in the mean time he continues to ruin her credit even further. So its an option for her to file a police report against him for doing what he is doing? Is there a chance that she would not have to pay for all that debt? Thanks again

Then she needs to file for divorce - first thing Monday morning. She does not need his consent or permission to do so.

By the way, are you her new partner? Just curious.

 

[WAYR]

I will continue to advise as such - just a close friend who has seen the problems she has been going through.

 

[mistoffolees]

thanks for the quick reply's. they have not been to court for anything. Originally he was paying her $200/month for child support but then his checks started to bounce and then he quit. He feels that she should have to pay him alimony because he does not have a job. I am trying to get her to an attorney but Im afraid she doesnt have the monetary means at the present time to pay. Its just that in the mean time he continues to ruin her credit even further. So its an option for her to file a police report against him for doing what he is doing? Is there a chance that she would not have to pay for all that debt? Thanks again

She needs to file a police report IMMEDIATELY. Then contact the credit card companies (certified mail) to tell them that she did not sign up for those accounts and she is not responsible for them. If she has evidence that her stbx did it, she should provide it both to the police and credit card company.

Meanwhile, she needs to file for divorce. If she can't afford an attorney, she can do it on her own (although I don't usually recommend it).

She COULD end up paying alimony, but a lot depends on circumstances. If he's not working voluntarily, then the court will impute income to him. However since she's only making $12 per hour and has kids, I'd be surprised if they ordered alimony.

 

[LdiJ]

I will continue to advise as such - just a close friend who has seen the problems she has been going through.

She should not pay any of the debts that he fraudulently opened in her name. She needs to report the identity theft to both the creditors AND the police. She needs to insist that the creditors produce the paperwork showing her signature on the credit applications.

Your friend only makes 12.00 a hour...15k and probably more that she hasn't found yet is only going to put her in bankruptcy and destroy her credit for a very long time.

He is addicted to gambling and he won't stop doing this, even after a divorce is final, unless she stops it now.

She needs to pull her own credit reports to see how bad it is and see what she hasn't found yet.

Sadly, she also needs to pull credit reports for her child(ren) to make sure that he hasn't opened cards/debt under their social security numbers.

She shouldn't be afraid of having to pay him alimony. For one thing 12.00 an hour is barely enough to support one household, let alone 2, his unemployment is short term, and he has historically made more than she has.

Normally I honestly don't like seeing one parent cause criminal problems for the other over financial matters. I would rather see it dealt with in the divorce. But when you are dealing with someone who is addicted to gambling its a problem that will NEVER go away unless its stopped now.

She also needs to file for divorce and custody of the child(ren) ASAP, but dealing with the identity theft issue is the most critical, in my opinion.

 

[WAYR]

thanks all for the advice - I will speak with her about filing a police report to see what possible good can come.

 

[TinkerBelleLuvr]

Since your friend has been a victim of identity theft, your friend could put a freeze on their credit report (done with all three companies.) It would require the friend to unlock it if credit is necessary. This would prevent the STBX to continue trying to get more credit against your friend.