debt in his name: will it stay that way?

[Anonymous]

Thanks again for all of the advice.  I will relay to her to:

1)  Get her credit report.

2) Look at the titles for everything.

Military officer actually told her that he would owe her more than her civilian lawyer told her the state would require him to pay. 

[Anonymous]

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@Anonymous wrote:

Thanks again for all of the advice.  I will relay to her to:

1)  Get her credit report.

2) Look at the titles for everything.

Military officer actually told her that he would owe her more than her civilian lawyer told her the state would require him to pay. 

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Don't count the child support $$ before there's a court order.  Judges consider many factors and no lawyer can guarantee how much child support will be awarded, if any.

The military can only, in the absence of a court order, order the servicemember to pay an amount equal to or lesser than the servicemember's basic allowance for quarters (BAQ).  If there is a court order, the military can only enforce the amount stipulated in the court order even though it may be lower than the servicemember's BAQ.  In addition, there is a percentage limit on how much of a servicemember's total pay that can be attached.

[recoverychick]

Immediately, she should check her credit reports to determine if she's joint on the the mortgage, loans and any other obligations.  She might not be on titles and deeds, but she could be on the loans.  I'm thinking that she's not responsible for the debts if she wasn't a co applicant for anything, unless it's an agreement like AmEx that allows them to seek payment from an AU for their charges.

I don;t know what the court might find, but it seems that it should follow that a court order for payment by another party or spouse doesn't change the responsibility with the original creditor.  Seems it would take civil.action to recover,  Maybe she can pull up the agreements for the cards, mortgages and notes on line after she gets her reports.  The terms are there.  If she's not on anything, and the terms support her lack of obligation,  she doesn't have to worry about his debts.   Remember, this is just an opinion.

First, she's got to look at her reports.  It's the only way she can develop a plan.  Hope things go well for her.  Chin up.

[Anonymous]

1)  What would you do about getting another car?  She seems to feel she will not have a good enough credit score for a loan. I don't know what her score is.

Answer: Since we don't know her credit situation, I would pull a fresh credit report. That would give her some idea where she stands. If her credit is excellent, she may be able to get a car with no money down. If not, she may still be able to get a car but probably would have put down deposit and she may have a high interest rate. 

2)  Can she just give the car back and move on?  Is it possible for him to stop paying the insurance on the car?

Answer: Yes. She's not obligated to keep the car nor pay for it. She didn't sign any documents saying she's responsible based off your story. 

Yes. He could stop playing the insurance but why? I'm only assuming but I'm sure he has all the cars insured under one policy. I couldn't see him letting it overlap.

3)  Will all of the debt for the house and cars stay with him?   She really just wants custody of the kids and child support.  That's it.

Answer: Yes! Again, she didn't sign any documents showing she's obligated to pay for anything! If anything goes into collection, they'll most likely go after him. 

4)  Is there any way that she could be forced to take on any of the debt that's in his name?

Answer: Only way I can see that happening if in a divorce. The judge would make that call. I'm not to sure so don't quote me. Never been through a divorce. 

Hope I helped.

MoodyMan

[Anonymous]

Guess what, it is possible for the husband to have the title in his name and both spouses names on the debt. Wake up!! It happened to me. Absolutely don't wait for the divorce to be final to start working on credit. 

ayla

[Anonymous]

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@Anonymous wrote:

Right now, she is relying on her husband to pay the car payments and insurance.  He gets the mail and the bills at the house so she has no control or authority over them.  She lives in fear of having someone repossess the car out from under her or of him dropping the insurance.

2)  Can she just give the car back and move on?  Is it possible for him to stop paying the insurance on the car?

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So is the car financed with his name only on the registration, the car loan, and the insurance?

If so, and if he arbitrarily drops the insurance, then depending upon the state in question HE could be violating state law requiring that the vehicle have insurance. Also, the finance company almost certainly stipulates that the vehicle remain insured for the duration of the loan, or else HE can be on the hook financially for it.

Does your friend want to just give the car back and be rid of it?

[Anonymous]

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@Anonymous wrote:

She is on some kind of credit card payment plan that is supposed to get her APRs reduced so she is working on those at least.
...
Her biggest concern now was the car.  She is trying to work amicably with the husband so she feels she should take over payments expecially if she can't get credit.

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Can you give a ballpark of the monthly amounts? Her salary, amount owed on the car, amount owed in CCs?

If she's making $50K a year with $10K in CC debt then getting a new vehicle and financed won't be as tough as if she were making $10K a year with $50K in CC debt.