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Left With 3 Kids And The Bills...

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faemoon

Guest
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CALIFORNIA

I separated from my husband in Sept of 2003 (not legal separation just left the home) As we both were on the lease I continued to pay at least half of the rent while the other half went unpaid. I was pregnant and had two other children under 3 who were in child care so I was unable to pay more. In the end the lease expired (Dec. 31st) and there was a balance due. I sent a letter with my key to the PM including contact info for both myself and my estanged spouse and asked that they send the itemized bill to both parties. They did not and I got stuck paying the $2050 as well as the cable, phone, and several other bills because I was appliying for housing and couldn't do so with an open lease in my name that had a balance due on it.

Over our 10 year relation ship we separated several times and I cannot tell you how many times I got stuck paying the bills AND caring for each child. The total of $2600 I ended up paying was supposed to be a little bit of a cusion for me and my now 3 children under the age of 4.

QUESTION: Can I sue my spouse once the divorce is final (or before) for monies owed jointly while we were married but separated? It is too late to make it part of the current divorce settlement and I do not want to re-file.
 


I AM ALWAYS LIABLE

Senior Member
faemoon said:
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CALIFORNIA

I separated from my husband in Sept of 2003 (not legal separation just left the home) As we both were on the lease I continued to pay at least half of the rent while the other half went unpaid. I was pregnant and had two other children under 3 who were in child care so I was unable to pay more. In the end the lease expired (Dec. 31st) and there was a balance due. I sent a letter with my key to the PM including contact info for both myself and my estanged spouse and asked that they send the itemized bill to both parties. They did not and I got stuck paying the $2050 as well as the cable, phone, and several other bills because I was appliying for housing and couldn't do so with an open lease in my name that had a balance due on it.

Over our 10 year relation ship we separated several times and I cannot tell you how many times I got stuck paying the bills AND caring for each child. The total of $2600 I ended up paying was supposed to be a little bit of a cusion for me and my now 3 children under the age of 4.

QUESTION: Can I sue my spouse once the divorce is final (or before) for monies owed jointly while we were married but separated? It is too late to make it part of the current divorce settlement and I do not want to re-file.


My response:

You need to amend your Petition for dissolution to include this debt. Since the debt was incurred during the marriage, it is properly included in the dissolution Petition for decision, and division, along with all other marital property, debts and assets.

As such, you cannot later "sue" for this debt; i.e., you cannot wait for the dissolution action to be finalized and then sue in Small Claims court. If you try to later sue for the debt, he can win against you under the doctrine of "Res Judicata".

In other words, all "differences" between parties, that are "ripe" for decision, are to be included in one, single, action.

So, include this debt in your Petition.

IAAL
 
F

faemoon

Guest
Would Love To But...

I was told by the clerk of the court that I would have to refile as the case is already opened, but I cannot afford to. There is such thing as "amending" the claim? If so I would love to know about it. Thanks for responding to my post by the way. I really appreciate it.
 

I AM ALWAYS LIABLE

Senior Member
faemoon said:
I was told by the clerk of the court that I would have to refile as the case is already opened, but I cannot afford to. There is such thing as "amending" the claim? If so I would love to know about it. Thanks for responding to my post by the way. I really appreciate it.


My response:

Okay, so he's already responded to the Petition; therefore, it's too late to Amend the Petition. Not to worry, however - - though the Petition instructs you, as the petitioner, to complete item 5 of the Petition based only on currently-known information, the failure to include an allegation of debt is really inconsequential: Most courts contemplate that additional property and debt allegations will be brought in by amendment of the petition or some form of pretrial statement (or pretrial contention statement)- - e.g., a settlement conference statement or a statement of agreed and contested issues. Moreover, the court retains "continuing jurisdiction" (on motion or OSC) to divide community assets and debts that were not adjudicated by prior judgment in the action (see Calif. Family Code § 2556).

So, go ahead and add your allegations to the settlement conference statement or a statement of agreed and contested issues.

IAAL
 
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