How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WALLSTREETESQ Your Own Question

WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16407
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
16356563
Type Your Bankruptcy Law Question Here...
WALLSTREETESQ is online now
A new question is answered every 9 seconds

My ex-husband, from whom I have been legally separated for

Resolved Question:

My ex-husband, from whom I have been legally separated for 2 years (but not divorced) has filed for bankruptcy. I was notified by the Child Support enforcement agency today. What does this mean for our joint credit card accounts? Should I be worried about what this will mean for me?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

In terms of child support the bankruptcy will not in any way stop the payments you receive or reduce his arrears he owes to you.

WALLSTREETESQ :

In terms of joint debt, his obligation would be removed due to the bankruptcy, and you would still be liable, however, when you file for divorce, you can have him still pay these debts, as part of the divorce settlement.

Customer:

He refuses to sign anything, even after his financial and attorney have advised him that I am being more than fair.


 


 

Customer:

So, I would be liable for the full amount of the debt, on my own?

Customer:

I paid $10

Customer:

,000 initially to a law firm to draft the separation agreement.


 


 

WALLSTREETESQ :

yes, since these are joint debts, legally his obligation would be discharged, and you would be liable, you would need to go to the divorce court to force him to pay the debt, it may be worth it for you to file a divorce and have this matter settled that way.

Customer:

He didn't bother to reply for 1 year, then he hired an attorney. He wants more custody so he pays less child support. I wasn't planning to ask for arrears, but perhaps at this point I should. My attorney said that would be another 10,000 which I don't have because I've tried to keep all the bills current, though he has paid nothing in 6 months.


 

Customer:

Should I continue to pay the joint accounts?


 

Customer:

I have never not paid a bill in my life, but the money would help with tuition for my older daughter and perhaps my own attorney.


 


 

WALLSTREETESQ :

You should pay the statements if you receive them as they will come after you, you can go directly into the family court and file for the child support and enforcement of arrears without an attorney,

WALLSTREETESQ :

The Court would force him to pay and they may also force him to pay the back arrears,

WALLSTREETESQ :

You can also file your own bankruptcy as well.

WALLSTREETESQ :

Another option is to not pay them and try to settle the balances for 20% of the amount. Also, you would only be liable if you co signed the credit cards,

Customer:

he is filing Chapter 13. I don't even know what this means.


 


 


 

Customer:

We were joint applications.


 

WALLSTREETESQ :

A chapter 13 is a payment plan bankruptcy, so that may be better for you, as he would still be paying some amount to the credit cards.

Customer:

What happens to my credit in either of these scenarios. I would like to buy a house in the next 5 years.


 

WALLSTREETESQ :

Your credit would be harmed if you settle for less or file a bankruptcy, however even with a bankruptcy you could build your credit score to buy a home in 5 years, not 2 years.

WALLSTREETESQ :

In 5 years you score would be back to where it was in most cases.

Customer:

We were supposed to do a QDRO with enough funds to pay off everything. His lawyer was to handle that. He is not saying anything anymore. I had considered telling him to sign the agreement as written, and then I would not file arrears. Does that sound like a bad idea?


 

WALLSTREETESQ :

Yes, you should treat the child support as separate and go to the family court to solve the matter now, the QDRO can be settled after a divorce.

Customer:

So given the C13, would that affect how the asset/debt distribution would work?

WALLSTREETESQ :

No, it would just force him to pay the debts over a 60 month payment plan.

Customer:

How long will it take before he knows it's approved?


 

WALLSTREETESQ :

A chapter 13 takes a few months to be approved.

Customer:

Okay, so the law is that he will still have to pay, but if I beome solely responsible, who is he paying?


 

WALLSTREETESQ :

If the divorce court states you have to pay the debts, then you have to make a settlement with them, if he is paying them through a chapter 13, they may not even come after you.

WALLSTREETESQ :

If they do they will settle for 20-40% of the balance or you can file a bankruptcy as well.

Customer:

Do you think he would know I've been contacted? I'm wondering if I should make changes to the sep proposal based on this information.


 

WALLSTREETESQ :

You should state that he is to pay your part of the debt. He should have known you have been contacted.

Customer:

that he has to pay my part? why would he be willing to do that?


 

WALLSTREETESQ :

Marital debt should be split in most cases, so if he is filing bankruptcy on his share, you should have him pay your share, or some part of it.

Customer:

So, I should hire another family law attorney and contact Child Support enforcement, then. His attorney has suggested a mediator. I should have an attorney with me, correct? Do you have any idea what type of fee I would be looking at for that assistance? It doesn't sound like $10k to me.

WALLSTREETESQ :

This should not be $10,000 even in NYC that is a high fee for a simple matter such as this,

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.


If satisfied please provide us with positive feedback.

Customer:

You have been awesome, and I feel much more prepared. So this what concerns do you have about this plan? 1.) Contact CSE tomorrow to file arrears


2.) Hire an attorney to represent me in mediation. 3.) Proceed with mediation.


 


Or, should I just contact the mediator myself, and see if Ray will agree to do this lawyerless. I have a friend who was very pleased, and it was actually handled in civil court - not family court. So, approach mediator directly, or talk withan attorney first?

Customer:

(I mean a local attorney, assuming you don't travel to Raleigh.)

WALLSTREETESQ :

I would discuss this with your spouse, and see if he will settle the matter with you, if not hire a mediator, if that does not work, go directly to the family court and file for child support enforcement and arrears, and deal with the marital debt later, or through a divorce.

WALLSTREETESQ :

Civil Court

WALLSTREETESQ :

The only problem with a mediator is that he may use it to delay the matter.

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.


If satisfied please provide us with positive feedback.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16407
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 
Chat Now With A Bankruptcy Lawyer
WALLSTREETESQ
WALLSTREETESQ
Attorney
2748 Satisfied Customers
14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS