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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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My daughter has been married for 9 years and she has a 9 year

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My daughter has been married for 9 years and she has a 9 year old daughter. She has never lived together with her husband because they end up fighting after they are together for a few days. My daughter and her daughter have lived with me for the past 9 years. Kellie (daughter) does not want to get a divorce because she doesn't want her daughter pulled apart by the child custody battle. Husband is a convenient Dad and the 3 of them get together and do some things. This arrangement has worked for them EXCEPT I now understand he has charged up $40,000 or more on his credit cards to get through between his jobs. He also has another daughter he is paying child support for and he evidently is being pulled into court for child support (he only gives Kellie about $300/month when he can to help pay for her medical insurance). He currently is incurring chest pains and I also found out he doesn't have any medical insurance -- I can see this scenario getting very ugly quickly with his huge debt. Can they do a postnuptual agreement that would protect her from his incurred debt and future medical debt? Or is the only real protection a divorce? We live in Golden, CO.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

The only real protection that she has is to get a divorce. And, unfortunately, the sooner the better!

Marital debts are those debts either spouse incurs during marriage, again without regard to whose name the debt is in. Debts are also allocated equitably in Colorado, which may result in an allocation which is equal, or one where the higher income earner assumes a greater responsibility, or one where the party who incurred the debt incurs a greater responsibility.

 

Any "marital debt" that isn't paid by the party who owes it (for example credit card debt,debt to the hospital), can be collected against both spouses. Any creditor may sue the party(s) who owes the debt. Your daughter MIGHT end up being sued for his hospital bill or for credit card debt (if she was a signator on the card). And, if he ends up going bankrupt under Chapter 7, his debt may be discharged. However, your daughter MAY be sued for any "marital debt" that is owed.

 

Your daughter absolutely needs to speak to an attorney who specializes in family law in the county in which she resides. Below is a link to the Colorado Bar Association on-line attorney referral. She may be linked to an attorney who can speak to her in person or by phone. Sometimes, an initial consultation may be free or at a minimal cost. She can discuss the specific facts of her case, evaluate her options and decide how to proceed.

 

http://www.cobar.org/directory/

 

There doesn't necessarily have to be a custody or visitation battle because there is a divorce. BUT.....she needs to protect herself from the DEBT!

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

 

 

 

 

 

xavierjd and 2 other Family Law Specialists are ready to help you

Hi,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd