Before my ex and I separated, we were 70 grand in debt. This was something that slowly happend over the years due to only having my income to live on ( ex would not get a job despite repeatedly being implored to help out with our dire financial circumstances) As a result, about 6 months after we separated, I declared bankruptcy. I had no choice and it was something that would have happened regardless of our splitting.
I am still not sure if she has declared bankruptcy, but she is always saying that I am still responsible for paying off the debt because she is not employed.
It is my stance that she really should declare bankruptcy because it was going to happen regardless of our separation. She is basically saying that she won't do that because she thinks the court will make me pay off the debt and that is her way of hurting me. As far as I'm concerned, if I can show the court that the bankruptcy was inevitable regardless of the separation, then reasonably a judge won't order me to pay off the debt which is in reality, now only hers, as I have been discharged.
Now I understand that one cannot force her to apply for a bankruptcy, but I cannot for the life of me understand how I should have to pay off that debt now. I make about 30 grand per year and I pay child support and extra expenses. Not only is there no room for spousal support, but on top of that, I certainly cannot put a dent in 70 grand worth of, what is now, her debt.
ALso, I accumulated 13,000 worth of student loan debt while in the marriage, inorder to get my degree which gave me a higher income to support the family....( it still was not enough ) While I was a student, ex did not work and we not only used the 13.000 to pay tuition but also to live on. It was the only source of income we had at the time. My bankruptcy didn't cover the student loan and I am now slowly trying to pay it off. Is she also responsible for this loan considering it was used for not only tuition but to pay the mortgage and put food on the table?
Is it possible that I can use the 13,000 to bargain? For example: I will take on that loan 100% and she gets all household assets that were not taken by bankruptcy ( washer, dryer, car, computer, furniture)
I know she is trying to be vindictive by not declaring bankruptcy, thinking that I will be forced to pay off that debt all by myself because she will not get a job.
Any advice or ideas?
Thanks
I am still not sure if she has declared bankruptcy, but she is always saying that I am still responsible for paying off the debt because she is not employed.
It is my stance that she really should declare bankruptcy because it was going to happen regardless of our separation. She is basically saying that she won't do that because she thinks the court will make me pay off the debt and that is her way of hurting me. As far as I'm concerned, if I can show the court that the bankruptcy was inevitable regardless of the separation, then reasonably a judge won't order me to pay off the debt which is in reality, now only hers, as I have been discharged.
Now I understand that one cannot force her to apply for a bankruptcy, but I cannot for the life of me understand how I should have to pay off that debt now. I make about 30 grand per year and I pay child support and extra expenses. Not only is there no room for spousal support, but on top of that, I certainly cannot put a dent in 70 grand worth of, what is now, her debt.
ALso, I accumulated 13,000 worth of student loan debt while in the marriage, inorder to get my degree which gave me a higher income to support the family....( it still was not enough ) While I was a student, ex did not work and we not only used the 13.000 to pay tuition but also to live on. It was the only source of income we had at the time. My bankruptcy didn't cover the student loan and I am now slowly trying to pay it off. Is she also responsible for this loan considering it was used for not only tuition but to pay the mortgage and put food on the table?
Is it possible that I can use the 13,000 to bargain? For example: I will take on that loan 100% and she gets all household assets that were not taken by bankruptcy ( washer, dryer, car, computer, furniture)
I know she is trying to be vindictive by not declaring bankruptcy, thinking that I will be forced to pay off that debt all by myself because she will not get a job.
Any advice or ideas?
Thanks
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