Can debt be transferred to ex-husband?

[not2cleverRed]

That may not matter unless you can tell Sara exactly what she wants to hear and only that and it is positive. I won't be answering her anymore after reviewing her Px Hx.

I find it odd that she "likes" that you won't be offering her any advice. It seems very short sighted of her.

I apologize if I've hurt anyone's feelings on this forum. But if you don't have advice, there really is no need to continue replying to my posts.

My attorney advised me not to file bankruptcy, as she believes we can transfer the debt to him and that my credit would then be repaired. I see Ohiogal says that is not possible. Appreciate your input, Ohiogal, and I accept my status as "blacklisted" from your future responses.

I don't understand why people have no problem seeking second opinions from doctors and such, but with attorneys we're expected to just let them lead us, even if we know they're on the wrong path. Finding a new attorney is obviously not a luxury I have at this point. I will have to very gently let her know I can't go along with this plan.

Best regards.

She can get a court order, but that's not how the creditors see it.

Unless he's actually paying anything on his debts, it's not going to help you. The odds are, a guy over $20K in arrears of spousal and child support isn't going to start making payments unless forced to.

 

[quincy]

That is why Sara needs to discuss this with her attorney. Apparently the attorney has a plan that doesn’t include bankruptcy.

Perhaps Sara can post back with what the plan is, once her attorney fills her in on it.

 

[Just Blue]

It is a good thing we have thick skins. Haha.

You alligator, you...

 

[LdiJ]

Sara, bankruptcy really might be the best way to go. If your ex is a meth addict who cannot get clean for the sake of his children then things are never going to get better. That means he is never going to have any assets to use to pay off the debt. Since, as the others have told you there is no real way to take you off the debt, bankruptcy and starting over with a clean slate might honestly be in your best interest.

 

[quincy]

You alligator, you...

I think I need to slather on some Aveeno.

Sara, bankruptcy really might be the best way to go. If your ex is a meth addict who cannot get clean for the sake of his children then things are never going to get better. That means he is never going to have any assets to use to pay off the debt. Since, as the others have told you there is no real way to take you off the debt, bankruptcy and starting over with a clean slate might honestly be in your best interest.

Sara said that her attorney advised her not to file bankruptcy.

 

[LdiJ]

I think I need to slather on some Aveeno.

Sara said that her attorney advised her not to file bankruptcy.

I realize that. However, we all know that there is no way to remove the debt from her name as far as the creditors are concerned, so this is something that she will have to deal with for many years before there is any hope of a resolution. Unless she has means to pay off the debt herself, bankruptcy is almost inevitable. Getting it done and over with now could honestly be in her best interest.

 

[Sara Abrams]

The last I spoke with her she said we could get him to put it all in a debt consolidation program, all in his name. I just don't see how that's possible.

I love my kids. Even though their father has issues and has caused many issues in my life, I would never call having children with him a bad decision. And our marriage was actually really good as well, before drugs took him from me. Addiction is very common and I'm sure all of you have loved ones that have been touched by it, or will be some day.

 

[quincy]

The last I spoke with her she said we could get him to put it all in a debt consolidation program, all in his name. I just don't see how that's possible.

I love my kids. Even though their father has issues and has caused many issues in my life, I would never call having children with him a bad decision. And our marriage was actually really good as well, before drugs took him from me. Addiction is very common and I'm sure all of you have loved ones that have been touched by it, or will be some day.

I don’t see how your attorney’s proposed debt consolidation plan would work to relieve you of the debt.

I hope you have already taken steps to have your ex-husband’s wages garnished, and that his tax refunds have been redirected and applied to the arrearages.

Good luck.

 

[Sara Abrams]

I don’t see how your attorney’s proposed debt consolidation plan would work to relieve you of the debt.

I hope you have already taken steps to have your ex-husband’s wages garnished, and that his tax refunds have been redirected and applied to the arrearages.

Good luck.

I've never heard of having the tax refunds redirected and applied to arrearages. I will look into that. Thank you

 

[quincy]

I've never heard of having the tax refunds redirected and applied to arrearages. I will look into that. Thank you

The state should apply the refunds to the arrearage. Definitely check into this.

Good luck.

 

[xylene]

Any advice?

Stop being so gullible.

 

[quincy]

Here is a link on collecting support payments:

https://www.courts.ca.gov/1198.htm?rdeLocaleAttr=en

 

[LdiJ]

I've never heard of having the tax refunds redirected and applied to arrearages. I will look into that. Thank you

The state automatically does that once arrears get to a certain level. However, unless he actually has a tax refund to levy, you won't see any collections from refunds.

Is he gainfully employed at all? Are you seeing any child support at all even if its peanuts? If the answer is no, my guess is that he is not gainfully employed or is sporadically employed under the table and that is why you are seeing nothing.

 

[bcr229]

Did your attorney say why she advised against bankruptcy, other than she thought that the debt could be consolidated under your ex's name (which I don't think is possible either). Your credit was already trashed so it's not like a BK is going to hurt.

 

[quincy]

Did your attorney say why she advised against bankruptcy, other than she thought that the debt could be consolidated under your ex's name (which I don't think is possible either). Your credit was already trashed so it's not like a BK is going to hurt.

In an earlier thread, Sara posted about concerns of losing her house if she filed for Chapter 7 bankruptcy. She wants to keep her house.

California has two different Chapter 7 exemptions for houses and it is possible that Sara’s attorney said neither exemption would save the house.

despritfreya (bankruptcy attorney) suggested to Sara the possibility of a Chapter 13 filing - but maybe that was investigated and is not possible either (for some reason)? That is my only guess.