ex not paying on debt

[Teenwolf]

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?

I agree with his lawyer. He assumed all the matrimonial debt and this needs to be factored into any SS that he pays. It doesn't matter if he pays it or not - the fact is that he still has the debt and it was a significant advantage for you to come out of the marriage without any of the debt. If he doesn't pay it and/or declares bankruptcy, it's his credit score on the line - not yours. Once again, do you see the advantage you have here? It's just and fair for your SS to reflect the benefit you received. Would you prefer to take half the debt back?

[cashcow4ex]

We reap that which we sow... just sayin'

Cheers!

Gary

P.S. I wanted to respond with "Ummm... blow me, bitch" but Blink wouldn't let me

Gary, you just made my day with this post!

P.S. She is really starting to sound like my ex...minus the dog support request of course

[arabian]

Read bankruptcy law very, very carefully. Not as straight forward as the advertisements would like a person to believe. I was quite surprised to find out that bankruptcy trustees don't have to be certified accountants. Important to scrutinize any tax returns prepared by these people (no better than the old H&R Block types).

How an ex pays his/her bills is their own business - bankruptcy or consumer proposal.

[beebie]

Rioe gave a great answer.

As has been said, matrimonial asset and debt distribution will affect spousal support. If you got a lot of assets, then you need less to cover your living expenses (probably).

Personally I think gossip is essential is finding out what is going on in any marriage breakdown.

If your ex declared bankruptcy, then he lost all of his assets (except what is exempt from bankruptcy trustee which is fairly paltry) as well as his debts. I would definitely argue that SS should be adjusted when he emerges from bankruptcy if his income is still there. In fact, aren't you a creditor? If you have an order for SS, he has to pay that amount each month during his bankruptcy (9 months). Then review the SS when he emerges. However if you are getting a lot of CS and a lot of assets (paid for house, lots of cash) then arguably you can generate your own income from those investments.

Might be easier to find a new rich guy to marry.

[arabian]

For what it's worth my ex went bankrupt right after we separated. He put all the money from the company into his girlfriend's account and redirected income there as well. Judge could have cared less, rightfully so, about debts in his bankruptcy. SS and division of assets was based on what was left at the time of the divorce. It is, after all, supposed to be an "equalization" process. My ex makes payments every month to the trustee but that has no bearing whatsoever on what SS I receive. My ex gets to claim all the spousal support he pays on his income tax and I get to claim all the legal fees I spend each year (10,000.00) on useless time spent in court fighting him to maintain my SS. It's a whacky system. My situation is a perfect example of how stupid a bitter ex gets when they are dumped. You sound like you are like my ex - your bitterness is keeping you from moving on. You haven't been successful in getting your own way so you are making it your life purpose to make your ex as miserable as possible. Give it up - judges do not respect people like you and in the end it is the judge that decides.

[Pursuinghappiness]

Our advice does distill down to this, and always has in response to your other inquiries - you are extremely unlikely to get what you want. There may be far more to the story, but based on the details you have given us, our advice is still to stop focusing on being so demanding and start being reasonable.

Very well said Rioe.

Basically, this OP has an idea of what she thinks is the "fair" based on a completely self-serving mentality.

When she doesn't get the answer she wants...she'll ask for 10 more times. When that doesn't work, she'll attack the credibility of the poster responding.

The reason she doesn't tell "the whole story" is because it wouldn't make any difference to the facts of her original question. Its just a pack of nonsensical emotional details regarding her cheating husband which she thinks should make everyone feel sorry for her and give her justification for being greedy and unreasonable.

There is no justification. She is just wrong on so many different levels.

[arabian]

Canary - Could I set you up with my ex-husband perhaps?

[Gary M]

This is a sad testament as to why things get so out of control with a few statements that do not always represent the whole story. Perhaps if people were all a little more openminded the whole family law system wouldn't be in the shambles it is.

Again, anyone with valid advice or experience to share, please post. I would appreciate it.

Yes, it is sad and it is a shambles... Mostly due to bloodsucking leeches who won't support themselves and JUST WANT TO HAVE THEIR DAY IN COURT so they can HAVE A VOICE. Etc., etc. (yawn)

Whatever... I think we're done with you here.

G

[Rioe]

Our advice does distill down to this, and always has in response to your other inquiries - you are extremely unlikely to get what you want. There may be far more to the story, but based on the details you have given us, our advice is still to stop focusing on being so demanding and start being reasonable.

[arabian]

Canary Mom - you probably joined this forum thinking you could get some free legal advice. Many of us on this forum have extensive personal (not professional) experience as we have PAID lawyers or DONE OUR OWN HOMEWORK to find out how the judicial system works. However, one of the most important things we learn on this forum is to consider the free advice which other members generously impart. If we say stupid things, or don't explain ourselves fully, then we can expect to receive the same quality of answers.

Before you lash out at others perhaps you should review the content of all of your posts.

[CanaryMom]

This is a sad testament as to why things get so out of control with a few statements that do not always represent the whole story. Perhaps if people were all a little more openminded the whole family law system wouldn't be in the shambles it is.

Again, anyone with valid advice or experience to share, please post. I would appreciate it.

[Gary M]

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.

We reap that which we sow... just sayin'

Cheers!

Gary

P.S. I wanted to respond with "Ummm... blow me, bitch" but Blink wouldn't let me

[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.

[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.

[arabian]

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