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justwantsout

Junior Member
What is the name of your state (only U.S. law)? tx

Short version..I made a mistake 7 years ago and we decided to stay married. It came with a price though. I quit my job to move to Texas after husbands transfer. Two kids together.

Now he wants closure for what I did. A divorce will show him I am finally facing the consequences. I am ok with this. Of course he said maybe we could start over afterwards. Um no..I don't think so. I just want out.

Lots of debt. We own a home. A $20,000 cd which he has a loan against to buy equipment to sell. He was fired back in Feb.

I am working a pt job now. Going to fulltime and have a pt. job lined up. I want to move out when we file. He said March and we will do this ourselves. Joint custody...one week with him...one week with me. No child support or alimony. I just walk away.

We split nothing because he said our debt is more than assets. And I should get nothing because I made the mistake that ended us.

It's actually something Im willing to do to pay my moral debt.

My question...Can the debts we have...all in his name...come back on me?
 


mistoffolees

Senior Member
If the debts are all in his name, then the creditors can't come back on you. If you had signed them, it would be a different story, of course. Make sure that the divorce decree lists the debts and says that he is responsible for them so that HE can't come back at you later.

It sounds like you're getting a good deal. Debts are greater than assets and he's willing to take them on. Since you have a job and he doesn't, he could easily be asking for child support and alimony (depending on how long you've been married), but he's giving that up. And the child custody situation is equal (note that the one downside of this is that you have to continue living close enough that the kids can go to the same school. If one of you ever needs to move, it is likely to change the custody situation with the parent who stays having an advantage).

One thing you need to be aware of - you can both agree not to ask for child support, but that's not enforceable. Either one (presumably the one with the lower income since custody is 50:50) can ask for child support at any time in the future.
 

justwantsout

Junior Member
Thanks for your reply. He works and brings in about $5,000 a month right now. He is self-employed.

Yes I would move into the apartments right down the street. Walking distance to school.

Could the courts really order me to pay child support or alimony? I only bring in about $1,500 right now before my new part time job begins.
 

mistoffolees

Senior Member
Thanks for your reply. He works and brings in about $5,000 a month right now. He is self-employed.

Yes I would move into the apartments right down the street. Walking distance to school.

Could the courts really order me to pay child support or alimony? I only bring in about $1,500 right now before my new part time job begins.
Not likely. In general, when you have 50:50 physical custody, the person who has the higher income would be paying the person with lower income.

My earlier comment was based on the assumption that he wasn't working. That fact that he's working and earning quite a bit more than you could change things.

You might want to do some math. With that large of a difference in your incomes, child support and, possibly, alimony might be significant, so you should check the online child support calculator for your state and ask your attorney whether you might be eligible for alimony before you make your final decision.
 

justwantsout

Junior Member
Thanks. I haven't talked to any attorney yet. He wants to do all this without one. Maybe I should rethink a few things.

I don't want child support or alimony. I just want out.:)
 

TinkerBelleLuvr

Senior Member
It may be advantageous of her NOT to take alimony in exchange for the X taking on all the debt. Otherwise, he might have to pay alimony, but then be responsible for half the debt.
 

mistoffolees

Senior Member
It may be advantageous of her NOT to take alimony in exchange for the X taking on all the debt. Otherwise, he might have to pay alimony, but then be responsible for half the debt.
That would definitely be desirable for her, but not for him.

If she receives alimony, she has to report it as income and it is taxable. Similarly, it is deductible for the payer. If he simply pays off debt instead of paying alimony, then he loses the tax deduction.

Of course, he may not know that.

On the other side, if the loan is in her name, she may wish to be the one paying it to make sure it is paid - so she may prefer to get the cash from him so she can be sure the loan is paid.
 

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