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Old 11-14-2002, 07:44 AM
Jerrym930
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children oweing parents money


What is the name of your state? texas
We loaned money to my son and his wife to help them get out of debt. They divorced because of the debt my son put them in. My question is they agreed to pay back the money to us but when they divorced my ex-daughter in law says that since my son got them in debt she was not obligated to pay any of it back. i want to know if i have any legal recourse or am i out 7000.00. My son knows he is to pay us back and acknowledges it but my ex-daughter in law doesnt. They both live in Louisiana. We have nothing in writing on this just both of their words. My son was overseas at the time of the loan.
any help or info will be greatly appreciated.
thanks
liz
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  #2  
Old 11-16-2002, 03:34 AM
gooberitiz
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You son is a spendthrift, so he is fully responsible to YOU for the money.

Best way to make sure he doesnt get out of this, Change your will tomorrow, stating that he owes you $7000 and that is to be deducted from his share of the assets when you die, and given to other family members or to charity.
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  #3  
Old 11-18-2002, 10:51 PM
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So, your son ruins himself and his wife financially and you bail him out. But, the wife divorces him over this anyway (sounds like more than a one-time problem). Now, you are trying to go after the ex-daughter-in-law, for what? Half? All? Some? Or just the portion she will have to make up after your son, who has PROVEN himself incompetent with money and irresponsible tells you what he can/can not pay?

And you say there was never anything in writing?

Guess what? Ex daughter-in-law can legally tell you to go pound smoke. When she and your son got divorced, that was the time to make sure, via the property settlement (or debt distribution) that the debt "THEY" owed you was split.

But your son didn't do this. Sounds like he never intended on paying you back either. If it were a marital debt that he took seriously, he would have made certain he wasn't the only one on the hook for it. At the very least, it would have been an argument before/during the distribution. But, since he just happens to have famalial ties to you and as long as he is acknowledging the debt, he is not killing off the golden goose.

My ex tried this one on me. Came up with signed letters from his parents to his attorney that they lent him money during the marriage. Their letter states that the money they lent him was for marital and household bills. This letter was dated many months AFTER the seperation and AFTER the divorce papers were filed. Same situation, he was incompetent with money and it was one of the big contributing factors for the divorce. Actually, not the money itself, but the lack of responsibility, common sense and honesty that the unpaid bills, ridiculous purchases, etc., represented.

Guess what happened with that letter? It made a very nice bird cage liner for my attorney's office. After we laughed ourselves sick over it, that is.

By the way, in your post you ask "or am I out $7000.00?" It sounds like you know your son will never pay you back, yet you are going after her, because that is the only chance you have of seeing that money again. Perhaps you need to not bail your son out anymore, as he seems to have a bit of a responsibility problem.
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