My husband and I have been married for 12 years. Him and his ex-wife are still battling issues from their divorce, one of them being the amount of support that he is paying. He wants it stopped, and he just quit paying. Maintenance enforcement has acted and he is losing a lot of priveleges. Having said that I need to know if I need to get protection for myself, how does this affect me and does it have any bearing on the stuff that is in my name? I don't know how ugly this will get, but I need to know if I need to be worried for myself.
Just listening to my husband
I am sorry this has happened.I cannot affect any assets that are in your name alone.It cannot hurt your half of any asset if you hold things jointly.But it an affect your life as he can lose his passport and is licence.His wages can be garnished. Assets can be seized etc.
Thank you Debra, this helps to calm some of my worries. Our house is registered at Land titles in both our names, should I be worried about this? Also, he is listed at land titles as co-owner of my daughter's house, does she have to worry?
It is a bit of a worry.Liens can be registered on title to the houses.But they can potentially also be seized and sold.That would not happen unless he really owes a lot of money.If it did your half of the equity ( and your daughter's ) would be safe.But he is placing all of you at risk and he should know that.
Thank you again Debra. I knew he was putting us all at risk, but that doesn't seem to be a priority for him, that's why I needed advice in order to protect myself and see what options I have for my daughter as she will be selling soon and purchasing a new home. You have been very helpful, and thank you so much.
Be careful and if you are worried see a lawyer privately.You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
I am a practicing lawyer and have also been an expert on JustAnswer since July 2008.
Hi Debra, it seems that there is more to this fight than I thought. It seems that they are now trying to ask for my financial information and have already found some without my knowledge. I don't feel that they have any business knowing any of my affairs, considering the fact that I know none of hers. I have really tried to be neutral but this is going too far. What are my options here and is this even legal to do to me.
What information did they find and how?And what are they alleging?
When they asked for a copy of my husbands tax returns my net income was not blocked out (at least I figure this is the only way they could find this out), as I have never given my permission for any of my personal info to be given out. They are alleging that he didnèt disclose total income because he has never supplied them with copies of my income. This is what is said on the newest affidavit.
If they have that income that was your spouse's mistake as he could have blacked it out.He does not have to give them your income information but I suspect they are alleging that he is some how taking less income because it's going in your name.If that's the case he will need to prove this is not true.This is messier and more complicated than we thought.I hope he sees a lawyer soon.
He has been seeing a lawyer all along, it was his lawyer that did not black out my information. They were divorced in1993, he has been paying her support since 1989, she has played every trick in the book including saying that she was never able to find meaningful employment..only part-time work. she had a couple car accidents in 2007 and claims she is somewhat disabled due to this. Therefore, can not live without the support. They want a full accounting of our finances combined, ie income and bills and what share I pay etc. Why should I have to disclose my information to them, and why does she not have to disclose any of her information. Am I going to need legal counsel to represent myself against her and her lawyer as I will not use my husbands lawyer.
You are not liable to her.Your husband may have to pay more based on the fact he pays less of the bills for example but this will not make you liable.He can say what he pays for without revealing personal information about you.
Does she have a right to put an encumbrance on anything that we have purchased togetherÉ
Yes she can but if she were to have the property sold your half of the equity would be secure.