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Short Story: 2 yrs ago divorce final. I have full custody of kids. Judge felt ex would try to bankrupt loans. Gave loans to me to pay to help protect my credit. BUT-ex had a hefty child support for substantial years. In essence, over time-debt would be split 50/50. Unfortunately ex hasn't paid support and I'm drowning in debt and trying to raise kids. Ex doesn't care-because he is off the hook for payments to the banks--he only answers to me and the state. I'm the one in financial ruin. He also can't have his wages guarnished because he has "non-profit" organization that he created and is ran by his "friends" --who keep him at "volunteer" status. So, he refuses to work at an ARCO because he knows they will take his back support. What can I do? Because the debt is so substantial, I am looking at filing bankruptcy. Unless I can take him back to court and get part of these loans turned back to him.
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I have been divorced since 2002. My situation is similar. The settlement reached on any subject is final. The court will not revisit old decisions even if it is extremely bias. I think the family court is bound by laws as well. There seems to be a tendency to disregard the effects on the children when decisions about finances are obviously inbalanced. You are not alone. It may cost some to go back to court. However, you may need to do it to allow the court to do what they can. The energy you are putting into thinking about this needs to be productive. Make sure to file the correct paperwork with the courthouse. They will probably have someone to guide you without telling you specifically what to do. You are a capable person since you have made it this far. Focus on the solution without thinking about what your ex is doing. I think 'cwrein' had good ideas. Good luck.
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It sucks. What is being done to your is absolutely wrong. In fact, what is being done to you is done regularly in our current family court system. I don't know what state you live in, but get involved in the movement to make our current laws more fair for everyone.
This is a very emotional issue, and will never be corrected by you and I not taking action. Please get involved. You will get some good, sound advice when talking with other people who have been down your road. Good Luck. |
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You can't take him back to court to get the debt reallocated to him, but you can (and should) take him back to court to pay his back child support.
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