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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110449
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am a single mother of 2 (ages 8 and 10 now). got ...

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I am a single mother of 2 (ages 8 and 10 now). got divorced in 2003 and intially did not ask for child support as I just wanted the divorce without a fight. In January 2006 I went back to court and the court ordered him to pay me $142 per week. He was also supposed to pay me over 5k for my interest in the land we had bought together... of which he never paid.   I collected around $400 from him for two months, then he stopped. While we were still married we had ad credit card on his account with a second card in my name. When we got divorced, I threw out the card. Then in 2006, I got a renewal in the mail for the card. I renewed it, don''t remember if I renewed it online or signed the app and sent it snail mail. I received cards back in both our names with a 13K limit. I was upset with him for not paying me child support, this is how I justified it. At any rate, the card now has a 10K balance and he found out about it and is threatening to turn me in. Can you please advise.
First, with regards XXXXX XXXXX money he owes you, you need to go back to the court that ordered support and file a Motion for Contempt against him. You can also go to the local Attorney General's Office Child Support Unit at to get the support and back support.

Second, as far as him turning you in, you techincally committed credit card fraud if you authorized an account with his name on it. However, as far as the money, if he sues you for the money, you can file a countersuit to offset the amount he owes you, but then you would be responsible (and still are responsible) for paying the credit card bill as it is not his. You should call the credit card company and seek to remove his name from the account and send them a letter stating that it is not his account and he is not responsible for the bill and you are the person solely liable for the bill. This should prevent any charges from being brought against you.

You should get an attorney to represent you and if you cannot afford one, contact the state bar and ask about the pro bono referral program.

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