In Divorce Process - Do I need to pay for husbands cell phone?

[palmtree]

What is the name of your state? California
We're currently in divorce proceedings. Already filed, served and response served. Husband has no job so I'm paying for most everything (mortgage, utilities, and my credit cards), except I'm not paying his credit card since I've learned they only affect his credit. I have a cell phone account with the whole family on it. I want to just cut his phone off. Can I do this. Is there any law that says I have to pay for this? I just want to keep mine and my two kids on the phone plan . The phone is in my name only and has been for years.

 

[LdiJ]

What is the name of your state? California
We're currently in divorce proceedings. Already filed, served and response served. Husband has no job so I'm paying for most everything (mortgage, utilities, and my credit cards), except I'm not paying his credit card since I've learned they only affect his credit. I have a cell phone account with the whole family on it. I want to just cut his phone off. Can I do this. Is there any law that says I have to pay for this? I just want to keep mine and my two kids on the phone plan . The phone is in my name only and has been for years.

His credit cards may not effect your credit (but don't count on that because you are in a community property state, therefore the creditors CAN go against you) but you will be responsible for 1/2 of that debt, again, because you are in a community property state...however he will also be responsible for 1/2 of yours.

If you are on a family plan for the cell phone, does it really cost you enough for his phone to deal with the hassle of not being able to communicate with him through this divorce process? I personally would leave that alone until the divorce is final, unless he racks up so many minutes that it goes over the family plan allowance.

 

[majomom1]

Posted by: LdiJ
If you are on a family plan for the cell phone, does it really cost you enough for his phone to deal with the hassle of not being able to communicate with him through this divorce process? I personally would leave that alone until the divorce is final, unless he racks up so many minutes that it goes over the family plan allowance.

I agree with this. You CAN cancel the phone, but the 'ruckus' it might stir up for the divorce is not worth it. AND depending on your contract, the penalty for early termination may be way more than the monthly cost. (I just went through this with my son.)

Monitor the usage for now. I can see minutes used from my phone, or go online and see usage for all phones. Even with the account in your name, you should be able to add that debt in the final divorce by showing his usage.

If his usage gets out of hand, and you need to cancel it, call your provider. I explained my situation and the provider put a 30 day hold on the number, as a lost phone. This allowed me to stop all usage, for that phone, without having to pay any termination fees. This also allows you the ability to make an agreement with him... until all is final.

 

[Bali Hai]

What is the name of your state? California
We're currently in divorce proceedings. Already filed, served and response served. Husband has no job so I'm paying for most everything (mortgage, utilities, and my credit cards), except I'm not paying his credit card since I've learned they only affect his credit. I have a cell phone account with the whole family on it. I want to just cut his phone off. Can I do this. Is there any law that says I have to pay for this? I just want to keep mine and my two kids on the phone plan . The phone is in my name only and has been for years.

Well if I were you, I would be more worried about having to pay alimony to this man who sacrificed a great deal in the marriage to give you the ability to pay for most everthing.

When you discover what other supporting spouses pay under the same circumstances, the credit card and cell phone charges may not amount to a popcorn fart in a windstorm.

 

[tuffbrk]

the credit card and cell phone charges may not amount to a popcorn fart in a windstorm.

Pure poetry Bali!! You really have a way with words! Thanks for the chuckle

 

[Ohiogal]

His credit cards may not effect your credit (but don't count on that because you are in a community property state, therefore the creditors CAN go against you) but you will be responsible for 1/2 of that debt, again, because you are in a community property state...however he will also be responsible for 1/2 of yours.

If you are on a family plan for the cell phone, does it really cost you enough for his phone to deal with the hassle of not being able to communicate with him through this divorce process? I personally would leave that alone until the divorce is final, unless he racks up so many minutes that it goes over the family plan allowance.

Most times there is an automatic restraining order put into place prohibiting ANYONE from changing anything once the divorce is filed. So she may NOT be legally allowed to drop his phone.

 

[qurice]

A friend went through this recently. Verizon (I'm not sure about other carriers) will allow you to relinquish the phone number and responsibility of that particular phone/line if the other party will sign a year contract. This avoids having to pay line cancellation fees, and they can do it all over the phone, so you don't have to go anywhere together to accomplish it.

This happened before either party filed for divorce, so as Ohiogal stated, make sure you can get this accomplished without violating anything.