PA-Agreed to make payments on loan during divorce proceedings-X paid it off already

[kargirl45]

What is the name of your state (only U.S. law)? PA
2006 signed agreement during divorce to continue paying half of a consolidation loan my husband at the time took out to pay off credit cards (of which 1 was mine the other 3 were his). I was making good money and thought I could manage paying him back.

2007 Lose my job of 8 years..unemployed for 3 months ...find another job making 4 dollars less an hour...couldn't keep up with paying X his money.
He takes me to court...I do a pro se motion stating my income changed drastically and i can't keep up payments. Asked for a modification of the payments. Judge ruled against it...says too bad I have to pay as income change doesn't matter.

2009 another drastic change in income as my company was down sized. Now making 6 dollars less an hour than was when originally signing agreement. Fell behind again in payments. Judge once again ruled in his favor saying if I miss payments again I will be held in contempt of court and possible arrested. Or they will garnish my wages. Judge Also said that I need to do what I can-perhaps SELL MY HOUSE- to pay him off his 2,000.00 (not exact but close to that figure at the time. I was sickened by his decision.

2010 due to health problems I had to go part time. Needless to say this affected my hourly wage and my paycheck yet again. Barely afford to pay my mortgage, fighting to stay out of forclosure.

Sending what I can to him...50, 100, what ever I can...Its not good enough.
Receive letter from his attorney saying I am once again in contempt.
However My X had PAID OFF THE LOAN 02/10 of which I was not notified when this happened until a year later!
So I have been sending him payments still- even though it was paid off!
They are now demanding that I pay him an additional 1,000 in attorneys fees and court costs within 10 days of it being paid in full...BUT IT WAS PAID OVER A YEAR AGO and i wasn't given that chance not being notified until now!

His attorney is filing a petition with the Motion Judge tomorrow...so another ruling will be filed I guess.

I don't have this money...and sending him what I could wasn't helping any.
I don't know what to do. It also clearly states in the documents that I was to continue paying him that amount UNTIL THE BALANCE OF THE ACCOUNT WAS PAID IN FULL!...
Its paid in full by HIM and the account is now closed according to the copy of the letter from the creditor that came along with his attorneys notice to me...why am I back in court?

I don't understand..
And do I even have a case against him since he took it upon himself to pay it off without telling me until NOW?

 

[mistoffolees]

What is the name of your state (only U.S. law)? PA
2006 signed agreement during divorce to continue paying half of a consolidation loan my husband at the time took out to pay off credit cards (of which 1 was mine the other 3 were his). I was making good money and thought I could manage paying him back.

2007 Lose my job of 8 years..unemployed for 3 months ...find another job making 4 dollars less an hour...couldn't keep up with paying X his money.
He takes me to court...I do a pro se motion stating my income changed drastically and i can't keep up payments. Asked for a modification of the payments. Judge ruled against it...says too bad I have to pay as income change doesn't matter.

2009 another drastic change in income as my company was down sized. Now making 6 dollars less an hour than was when originally signing agreement. Fell behind again in payments. Judge once again ruled in his favor saying if I miss payments again I will be held in contempt of court and possible arrested. Or they will garnish my wages. Judge Also said that I need to do what I can-perhaps SELL MY HOUSE- to pay him off his 2,000.00 (not exact but close to that figure at the time. I was sickened by his decision.

2010 due to health problems I had to go part time. Needless to say this affected my hourly wage and my paycheck yet again. Barely afford to pay my mortgage, fighting to stay out of forclosure.

Sending what I can to him...50, 100, what ever I can...Its not good enough.
Receive letter from his attorney saying I am once again in contempt.
However My X had PAID OFF THE LOAN 02/10 of which I was not notified when this happened until a year later!
So I have been sending him payments still- even though it was paid off!
They are now demanding that I pay him an additional 1,000 in attorneys fees and court costs within 10 days of it being paid in full...BUT IT WAS PAID OVER A YEAR AGO and i wasn't given that chance not being notified until now!

His attorney is filing a petition with the Motion Judge tomorrow...so another ruling will be filed I guess.

I don't have this money...and sending him what I could wasn't helping any.
I don't know what to do. It also clearly states in the documents that I was to continue paying him that amount UNTIL THE BALANCE OF THE ACCOUNT WAS PAID IN FULL!...
Its paid in full by HIM and the account is now closed according to the copy of the letter from the creditor that came along with his attorneys notice to me...why am I back in court?

I don't understand..
And do I even have a case against him since he took it upon himself to pay it off without telling me until NOW?

Did ex simply pay ahead of time to get it paid off earlier (and therefore paid your half as well as her half)? If so, you would be expected to pay your 1/2 - even if ex prepaid to for you.

 

[nextwife]

If he paid your half, don't you think you owe him repayment of your share? He obviously could not rely on you to pay it.

 

[Ohiogal]

Did ex simply pay ahead of time to get it paid off earlier (and therefore paid your half as well as her half)? If so, you would be expected to pay your 1/2 - even if ex prepaid to for you.

So your ex husband paid the loan off -- you still OWE your half until you have paid YOUR half in full. The judge was correct each time you went to court.

 

[LdiJ]

So your ex husband paid the loan off -- you still OWE your half until you have paid YOUR half in full. The judge was correct each time you went to court.

I agree with this. However there is a incredibly slight chance that the wording of the order might make it different.

 

[Bali Hai]

I agree with this. However there is a incredibly slight chance that the wording of the order might make it different.

Are you suggesting that the wording might make it so that OP could get out of paying due to a legal technicallity?

If this were even the case, she still OWES the money.

 

[LdiJ]

Are you suggesting that the wording might make it so that OP could get out of paying due to a legal technicallity?

If this were even the case, she still OWES the money.

Poorly written orders sometimes cause people to not be in contempt.

 

[kargirl45]

correct

If he paid your half, don't you think you owe him repayment of your share? He obviously could not rely on you to pay

it.

That is correct due to my declining income..what I dont understand is that even my other creditors would modify my payments due to my change of income..My utilities even my mortgage..
The judge refused to do any modification.
I sent what I could not trying to get out of paying it..
but no matter what I would send to show I understood my obligation, I would be taken to court...
Can't afford an attorney and trying to defend myself was the most degrading and humiliating thing I have ever experienced.

 

[LdiJ]

That is correct due to my declining income..what I dont understand is that even my other creditors would modify my payments due to my change of income..My utilities even my mortgage..
The judge refused to do any modification.
I sent what I could not trying to get out of paying it..
but no matter what I would send to show I understood my obligation, I would be taken to court...
Can't afford an attorney and trying to defend myself was the most degrading and humiliating thing I have ever experienced.

To be honest, if I had already paid it off and my ex was trying to make payment regularly, even if not in the amounts ordered, I would not have taken him back to court.

However, your ex is a creditor just like your other creditors. Had any of your other creditors refused to do a modification and took you to court, the judge would not have been able to lower your required payments to them either.

 

[stealth2]

I think the problem is the length of time it's taken you to pay him ~$2000. Fact is, it's been ~5 years since you signed the agreement. If you had regularly sent him $35/mo, you'd be paid up by now. ($2000/60mos = $33.33) Were you sending him money consistently, even if it wasn't the ordered amount? What WAS the ordered amount? How long did you have to pay him?

 

[mistoffolees]

I think the problem is the length of time it's taken you to pay him ~$2000. Fact is, it's been ~5 years since you signed the agreement. If you had regularly sent him $35/mo, you'd be paid up by now. ($2000/60mos = $33.33) Were you sending him money consistently, even if it wasn't the ordered amount? What WAS the ordered amount? How long did you have to pay him?

That's certainly valid, but really doesn't affect the legality of the situation. Even if the amount was $3000 a month, OP has an obligation to pay and ex could take her back to court for contempt.

Since this was a property division issue, it's unlikely that the court would even consider changing it. Basically, you agreed to 1/2 of the debt and also presumably got 1/2 of the assets. It's not the court's concern that you were unable to pay off the debt.

Frankly, OP is being foolish. She's going to end up paying the debt as well as legal expenses. The debt was $2,000 in 2009 and OP didn't have health issues until the next year. Since then, OP claims "Sending what I can to him...50, 100, what ever I can...Its not good enough." Based on those dates and figures, the debt should be significantly reduced by now.

What is the current balance? I would suggest that OP comes up with the money to pay off the balance - even if it means borrowing from family or something.

I have to wonder what the back story is, as well. Clearly, OP and ex have an extremely adversarial relationship - ex knows that OP lost a job, took a huge pay cut, and now has health issues but won't be flexible on what remains of the debt? This is a great example of why it's worth while to try to get along with your ex, no matter how much you have to bite your tongue.

 

[Bali Hai]

That's certainly valid, but really doesn't affect the legality of the situation. Even if the amount was $3000 a month, OP has an obligation to pay and ex could take her back to court for contempt.

Since this was a property division issue, it's unlikely that the court would even consider changing it. Basically, you agreed to 1/2 of the debt and also presumably got 1/2 of the assets. It's not the court's concern that you were unable to pay off the debt.

Frankly, OP is being foolish. She's going to end up paying the debt as well as legal expenses. The debt was $2,000 in 2009 and OP didn't have health issues until the next year. Since then, OP claims "Sending what I can to him...50, 100, what ever I can...Its not good enough." Based on those dates and figures, the debt should be significantly reduced by now.

What is the current balance? I would suggest that OP comes up with the money to pay off the balance - even if it means borrowing from family or something.

I have to wonder what the back story is, as well. Clearly, OP and ex have an extremely adversarial relationship - ex knows that OP lost a job, took a huge pay cut, and now has health issues but won't be flexible on what remains of the debt? This is a great example of why it's worth while to try to get along with your ex, no matter how much you have to bite your tongue.

Extremely good writeup misto. I have to wonder why the ex is playing hardball also.

In my divorce for instance, the ex and her attorney went for the jugular, told lies and caused me a great deal apprehension. If my ex was in OP's position, I would do the same thing without thinking twice about it.

 

[stealth2]

Yep, I understand that, misto. My point to her was that it is NOT such an exorbitant amount that one could understand how it could be impossible to pay off. If she WAS consistently sending $50 or $100? It would have been paid off long ago. But it isn't. So one has to wonder....

And I have to assume that the divorce was not amicable.

 

[OHRoadwarrior]

Gee, In addition to your stiffing him on your share of it, I think he should have let it continue to be late and accumulate interest and penalties, so you could ruin his credit. I think he should not have taken you to court, for your lack of payment, but should have let it all go for "Old Times Sake". Feel better? I agreed with you.

 

[kargirl45]

Divorce was civil...I didn't have an attorney he divorced me and it was amicable

The original amount was I believe around the amount of 18,000.00 back in 2005 while we were married. During the settlement The agreement was for me to pay half which was 155 a month as the payment amount required by the credit card company of 310. I paid my half for a few years until I lost my first job...then started getting behind due to the change in income. To keep a roof over MY head I had to do what I could and took any job that came along even for a lesser pay. I had to adjust to the change in income by cutting many things out of my life (cable and such). I provided the court a change of my income and noted that even my mortgage company and other creditors worked with me in modifications. I had to have my mortgage modified TWICE due to my income change over the past 4 years. I have also provided proof that my income just doesn't suffice enough for me to pay my necessities along with my X's loan to the court. But my modification was denied by the judge. Regardless that I was making 6 dollars LESS an hour than what I was making when I signed the agreement...thats over 12,00.00 less a year.
Regarding equity..or proceeds from the settlement. I walked away leaving him with the house. I couldn't afford to buy him out and nor did I get any share of equity that I put into it. My fathers estate settlement went into that house along with my paychecks while we were married. The attorney my husband hired was a friend of his. I could not afford an attorney at the time and still cannot. So the cards are definately stacked in his favor.

Now he paid off the loan and is still making every effort to make my life miserable. And the reason he divorced me was because he "couldn't handle being a husband anymore and wanted to be himself"...

He obviously has money to spend on the attorney..I do not...How can you get blood from a stone. I am not willing to sell my house for this...and I have no family members surviving to go to,and I don't care to burden my friends with such personal matters.

I am not a criminal. I just don't have the money that he wants.
And as far as trying to remain being on good terms with the x...I have done nothing to this man to make him resent me in this manner. IN fact HE called me a few months ago to APOLOGIZE for causing me so much stress during our marriage and after the divorce. Said he wants me to be happy in life. I told him I am trying to get money together in the form of pay advances from my boss to pay him money..he said "don't do that"..."just send what you can".. so sending what I can..them months later I am notifed once again by his attorney...and now he wont return my calls.
The man was on Bi Polar medicatgion while we were married...and I suppose they have stopped working.
And yes I understand that the he said she said doesn't work in the court room...so the conversation we had on the phone is hearsay...I should have told him to send it to me in writing...but I thought he was being genuine...apparently not..

There is no reason for hostility or angry responses here..I am simply here to ask for advice and not asking for someone to tell me what I want to here ok?
Why be so hostile towards people?