10-19-2013 10:52 AM
After a 1 1/2 yr seperation from my Ex I finally filed for divorce yesterday. I'm trying to rebuild my life, I had to hire a private investigator to locate him and serve him the divorce paperwork. March 1st of 2012 was the last time I was in contact with him. After that date he changed his number, moved, changed jobs and none of his family will respond to my messages.
We had a construction business for 5 years, and when the economy went down we had to close shop. My family helped start the business and came up with over 30K so we wouldnt have to take out any loans. Our business was doing very well, and since I had good credit and was trying to be supportive we took out 2 car loans and a few credit cards for the shop. I was making payments on time and everything was going good.
When we had to close shop, I got 3 jobs to keep up with all the bills and keep food on the table.. my ex got extemely depressed and didnt even try to find a job. after a year of this I started getting sick. so finally I left him. Before I left him, he had just started a job so that was a relief to me that he had income. I helped him get an apartment, and even bought him a paid car for like 1500. I didnt want to leave him with the other cars we had loans out for because I thought he would just not pay the bills. My mom ended up taking one of my cars and was making that monthly payment.
after a year seperated I had to give both cars back to the finance companies.. I just couldnt keep up with the 800$ payment and a 500$ payment just for cars! I had to make sure me and my daughter had a roof over our heads.
the past few months I recieved a 12.5% raise from work and a nice bonus. I moved closer to my job since headquarters moved an hour away from where I was living. This was going to help me save on gas and other expenses for wear and tear on my car.
I'm now trying to fix my score up and so I can buy my first house.
Is it possible for the judge to make my ex pay for part of the credit card debt even if they are just in my name? The 2 cars that I had to give back were joint loans and there's about 8K we have to pay back after they sold the cars. Can the judge make him be responsilble to pay that amount back and then I can take them off my reports? They are listed as Charge Off's on my report.
I was hoping people here could give me advise on how to fix my credit while dealing with this divorce.
Thanks for reading my post!
10-21-2013 12:17 AM
I am by no means an expert on divorce and AFAIK it depends greatly on what state you are in.
At least in some places the judge and the creditors have discretion as to who winds up with the debt and how much; however, from your description if this does happen and the creditors get a vote, you may wind up with the lionshare as by reading your post, I suspect they'll assume the same looking at the two of you that you are the more fiscally responsible one and more likely to make them whole over time.
For the rest regarding charge offs and other derogatories on your credit report, take a look through the Rebuilding Your Credit forum, and ask questions there on how to address specific issues such as the Charge Offs.
Regardless, I greatly applaud you for taking the steps required to rebuild your life!
10-21-2013 10:33 AM
You've done very well up to this point. You stepped up and did what was neccessary to make things happen. I haven't been there so I can't effectively give you advice, but I want to say you're off to a good start.
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10-21-2013 09:22 PM
11-03-2013 01:28 AM
Don't know if you're still reading, but if you are, your best bet is getting an attorney and possibly asking for alimony. I don't know what CA divorce laws are, but if alimony (or maintenance) is allowed, this could help you in those payment struggles - your attorney can help you with what the divorce judge may allow. Also not knowing what occured during the time you seperated, if he had financial responsibilities on some of those bills, he could be possibly held liable on the joint accounts, and his absence and failure to communicate that might not look favorable to the judge. In any case, you can probably get a free consult with an attorney and get most of your questions answered before you commit to an attorney's service.
And, kudos to you for having the strength to get yourself and your daughter through this difficult time!
11-04-2013 04:16 PM
Thank you! I am requesting for Alimony.. I'm just nervous it may back fire and if I make more than I have to pay him. I'm putting together all my debts and what I make to submit to the judge... I'm thinking I will pay down the debt as I want to buy the house, and then if he has to pay that will just pad my bank account. I'm trying to buy my house by time the divorce is complete. I have a court date for April 21st, 2014... I'm crossing my fingers everything works out in my favor.
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