Can he force me to pay?

[booger80]

What is the name of your state (only U.S. law)? VA

I'm not sure if this is the right forum or not.

My ex is threatening to take me to court for bills owed during our marriage. He says I'm responsible for 100% of them and is holding our son over my head. Some of the bills are my medical bills, all acquired during the marriage, others are joint bills, also acquired during the marriage.

After the divorce we still lived together as roommates, the apartment was in his name only. I had to move out early, due to my actions, and he says I'm 100%responsible for the money owed, even though he had already moved out with his girlfriend and told me I had to stay or my son was going with him.

I'm on a very limited income (SSDI) and he wants 80% of my check or he's taking me to court. He calls me all the time blaming me for everything he can think of and threatens I'll never see my son again unless I pay. If I pay what he's demanding I won't be able to afford a roof over my head or eat.

Do I have to pay him 100% of the money owed?

 

[ecmst12]

What does your divorce decree say you are responsible for?

 

[booger80]

The divorce decree doesn't address bills or who's responsible for what.

Thank you

 

[Proserpina]

If your decree doesn't say you have to pay $x for whatever bill, then you don't owe for that bill.

If you're on SSDI (versus SSI), there are only a very few limited circumstances in which your SSDI can be garnished. Tax debts, federal student loans, child support and spousal support/alimony (there may be one or two others, but that's it).

Don't let him bully you like this. If he has a genuine case where you owe him money, let him take you to court - no matter what, he is NOT getting 80% of your SSDI check.


And SSI cannot be garnished - AT ALL.

 

[ecmst12]

Ok, then clearly it's necessary to go back to court to determine that.

You should at least expect to pay your medical bills.

It won't have anything to do with how much time you spend with your child.

Even if you are ordered to pay some of the bills, no one is going to garnish your SSDI.

Don't pay HIM a penny unless a court order tells you to. Make payments on your medical bills as you can.

When he says you are 100% responsible for joint bills, he may be thinking of joint and several liability. Which basically means that BOTH of you are 100% responsible for joint bills and the creditors can pursue either or both of you as they see fit - and that's true regardless of what the divorce decree says. But don't let him twist the meaning or manipulate you any further. Every time he calls you and threatens or harasses you about something, hang up. Every time. He can only control you if you let him.

 

[nextwife]

When were these bills incurred? Was therre a legal seperation?