Financial Liability Question

[Tango1029]

What is the name of your state (only U.S. law)? OHIO

My husband of 3 years did not disclose his financial responsibility to me about paying for all of his son's college tuition, room and board, meals, transportation, book etc for 4 years. Needless to say I am furious! Anyhow, he is starting to take out all kinds of loans, and my question is about my financial responsibilty if we divorce, or if he were to happen to pass away?What is the name of your state (only U.S. law)?

 

[Ohiogal]

You are not responsible for them if he dies (his estate would be) HOWEVER in a divorce this would be considered marital debt. Arguments could be made against that but you might be on the hook for some of it.

 

[Tango1029]

Anoth question for Ohiogal

Is there a document I can have my husband sign, stating if we divorce this is his debt only? Just trying to protect myself!

 

[Ohiogal]

Is there a document I can have my husband sign, stating if we divorce this is his debt only? Just trying to protect myself!

Yes. A separation agreement as PART of the divorce.

 

[Tango1029]

Details

Okay, so here is the scoop.

When my husband was married to his first wife, in the Separation Agreement there was written in "In addition to the provisions for child support set forth in this Agreement, the non Residential Parent shall pay all costs and expenses including, but not limited to, tuition, room and board, books, uniforms, equipment, supplies, transportation and academic fees for the pos-secondary education of the minor child of the parties provided said child is younger than 25 years of age and is enrolled in a college, unversity, trade school or schoold of higher learning" Now, having looked over the judgement entry, this was not put into that by the judge. SO...I am wondering if we really are resposible for footing his son's entire bill. What do you think???

 

[Silverplum]

Okay, so here is the scoop.

When my husband was married to his first wife, in the Separation Agreement there was written in "In addition to the provisions for child support set forth in this Agreement, the non Residential Parent shall pay all costs and expenses including, but not limited to, tuition, room and board, books, uniforms, equipment, supplies, transportation and academic fees for the pos-secondary education of the minor child of the parties provided said child is younger than 25 years of age and is enrolled in a college, unversity, trade school or schoold of higher learning" Now, having looked over the judgement entry, this was not put into that by the judge. SO...I am wondering if we really are resposible for footing his son's entire bill. What do you think???

Separation agreements usually are incorporated into final decrees.

 

[thedoctorisin]

Separation agreements usually are incorporated into final decrees.

And even when they are not, they are still enforceable as contracts.

 

[Tango1029]

The question remains

But it is NOT written into the final decree...so do you think it is still enforccable, or is it worth getting an attorney to fight this on our behalf?

 

[Silverplum]

But it is NOT written into the final decree...

That's not my point.

so do you think it is still enforccable, or is it worth getting an attorney to fight this on our behalf?

I think it's enforceable.
But no one can be sure without reading ALL the paperwork. Hire an attorney to review.

 

[Tango1029]

Another ?

So...I had an attorny once and he was rather worthless. How does one find a good, educated, HONEST arrorny?

 

[seniorjudge]

So...I had an attorny once and he was rather worthless. How does one find a good, educated, HONEST arrorny?

You axe around.

 

[Tango1029]

Well then...

Okay...I will axe around.

 

[seniorjudge]

Okay...I will axe around.

And then settle on the one whom most of your friends, relatives, acquaintances, etc. agree is an honest lawyer.

There are such critters although sometimes they seem rather scarce, except (of course) in Ohio where they are quite abundant.

 

[Tango1029]

DRB's

Well, the hunt for the one honest lawyer (if there is such an animal) is on!

 

[Ohiogal]

And then settle on the one whom most of your friends, relatives, acquaintances, etc. agree is an honest lawyer.

There are such critters although sometimes they seem rather scarce.

I don't know whether to be honored or offended.