ex not paying on debt

[CanaryMom]

My ex has retained all of our matrimonial debt. That much has been settled. I am currently seeking spousal support and apparently the debt that he retained is being taken into consideration as far as determining how much spousal support I will be awarded. He has said himself that he is not paying off the debt right now because he is unable to afford to do so as a result of his legal fees, and that when this is all said and done he will be able to begin paying on them.

How can this debt be taken into consideration if he isn't even paying on it? My lawyer had sent an email to his lawyer asking if he has paid them off, and/or if he is making payment...and has also asked to provide proof. She tells me that she got a reply from ex's lawyer saying that it's irrelevant what he's paying or if he ever pays, bottom line is that the debt is his, not mine. If he's not even paying on this debt, then how can it be taken into consideration? Who is right here?

[Gary M]

The share of matrimonial debt taken on by a SS payor is a big consideration when it comes to both entitlement and amount - as it should be.

Whether he's paying it or not is really none of your business (as long as you are no longer liable for the debt if he defaults).

Cheers!

Gary

[standing on the sidelines]

the debt is there, its not a case of him paying on it or not, they can come after him to pay. If he isnt paying i am sure that interest etc is racking up. It just doesnt magically disappear.

You say he took on all the debt, was that the equalization?? To me if he took on all the debt and you didnt have to why go for SS??? You are doing better then him financially with not having the debt over your head.

[Berner_Faith]

I agree... it may be settled, but if you push this issue, there is nothing stopping him from opening the case up again and then you having to take on your share of the debt.

You need to explain why it SHOULDN'T be taken into account.... if YOU had the debt, would you want it taken into account as to how much her should pay you? Or would you be okay with that amount be excluded, thus dropping the amount of SS you would be awarded?

[Rioe]

Wait, aren't you the one who already got all the assets, minus a boat but including the entire house, and a decent amount of CS, and he got all the debts? And you were taking him to court to get SS and punish him for how he left you? And now you're whining that he'll probably have to pay less SS because of the debt he took on?

Quit while you're ahead already!

[billm]

The share of matrimonial debt taken on by a SS payor is a big consideration when it comes to both entitlement and amount - as it should be.

Whether he's paying it or not is really none of your business (as long as you are no longer liable for the debt if he defaults).

Cheers!

Gary

Yes, Gary saves me typing yet again!

[dinkyface]

Your ex and his lawyer are right - sheesh, that seems pretty simple to me.

I guess you have a lawyer who is either not too bright, or is just interested in whatever money (s)he can get from you.

[CanaryMom]

I've heard through the grapevine this morning that he has declared bankruptcy on this debt. If this is the case, then can this debt still be used for equalization? It's my understanding that he is paying 700 per month to the trustee and has lost his recent income tax return as it was kept by the trustee to pay into the bankruptcy. His brother inlaw tells me that ex is saying that even though he will be absolved of 75% of the matrimonial debt, and pay into the other 25%, the total will still be used for equalization. I feel that only the amount he actually paid into the debt should be used. Ex will certainly argue that the bankruptcy will affect his credit for many years and the total should be used. Who is right here? Anyone have experience with bankruptcy and how it affect equalization for ss? Thank you.

[Berner_Faith]

You seem to be all about sucking him dry... people have already stated that YES the full amount will be used... what you "heard through the grape vine" is irrelevant and hearsay... What you feel is irrelevant... fact is.. he took on ALL the debt and now you want MORE SS from him? Like seriously? If it were me, I would make sure YOU took on YOUR share of the debt. You got off really lucky and you are now wasting money on fighting something you will lose.

[Pursuinghappiness]

You seem to be all about sucking him dry... people have already stated that YES the full amount will be used... what you "heard through the grape vine" is irrelevant...

Quit while you're ahead already!

Ok...I admit it, I'm laughing.


To the OP, instead of spending your day gossipping with your ex's brother's, baby-momma's, cousin's, uncles, best brah's, sister about marital debt that you're not even responsible for (that you should be, btw) because you're so invested in trying to bilk your ex out of money to punish him for leaving you...why don't you spend some time here www.monster.ca and actually do something constructive and empowering to help yourself and your children.

He's allowed to divorce you...and frankly, its not that surprising given your attitude.

Put on your big girl pants and get a job...seriously, you are your own worst enemy and you're going to end up causing harm to your own children if you don't stop.

[dinkyface]

I love the 'put on your big-girl pants and get a job' line ... but somehow it has morphed into 'panties' .... which implies something interesting about what type of job

[Pursuinghappiness]

lol Dinkyface..sorry I fixed it.

I'm not sure why I bothered to respond anyway, this OP has previously stated that she only takes advice from posters that are either lawyers or judges.

I know I should be well over the surprise at how evil bitter divorcing people can get...but I guess I'm not.

[arabian]

Agree - wish my ex had taken the debt instead of leaving all of it on me and declaring bankruptcy!!!!!

[CanaryMom]

Legal advice please....

I joined this group for legal advice and advice from people who have had experience similar to mine. Sadly, most of the advice I've gotten has been of a personal nature, instead of actual legal advice. It's also unfortunate that some of you have chosen to respond with such small-mindedness and without realizing that the full scope of the situation is not necessarily represented in my posts. This is on purpose, and sadly if you knew the whole story you'd probably reply differently.

If anyone is here to provide legal advice with practicality, and is able to remove their judgements, please let me know. I'd appreciate the advice. Thanks.

[blinkandimgone]

Like I said before unless you're a lawyer or a judge, don't bother responding. I MAY take your advice then and only then. I WILL have my day and I WILL have a VOICE! And when I do, I'll be sure to drop back here and tell you all about how I didn't have to pay a dime towards my husbands fees.


And by the way, I have a university degree and I work VERY HARD!!

SO sorry.....couldn't hear you over the self righteous indignation by this other poster. Oh wait....that's you.