Kohls

[GregB]

I have been in a similar situation with my soon-to-be-ex. The rest of this is directed at your brother so when I say "you", I mean your brother.

I would contact Kohl's and explain that this account was opened without your knowledge or permission. You might want to also ask for copies of all statements. It doesn't sound like this account is hurting your credit so it might be most important to make sure she can't use it further. Report the card as stolen and have them send a new one to the correct address. Keeping the card could help your credit if you only have one other CC. Most CC companies will let you put an actual password on an account that they will require instead of the normal "last 4 digits of your SSN" or "mother's maiden name". If you can show that you weren't involved, Kohl's will probably remove one late for you.

Laws vary tremendously by state. It is typical to assume that anything one spouse does is done with the knowledge and permission of the other spouse from a legal standpoint. If the marriage was annuled, this might change this tremendously.

I didn't see any reference to kids except in one post. If there are kids, that would make this very interesting - and not in a good way.

[IOBA]

The marriage was annulled years ago.  They have been doing battle over custody ever since.  He actually was awarded legal custody after he retired from the military.  He still has to pay child support (it's SOOO messed up) even though she makes more than he does and he has custody!  He's *still* in court over that and has been for years.

Back to the issue - open accounts, not his.  The open accounts happened years after his annullment.

He goes into debt every month.  (This has been to poor daily choices.)  Having the open account/card and a card in his possession would be a very bad thing!  So, as sad as this is, I think he needs to close it for good.  I think he should file a police report.  I don't think the police will do anything about it though.  Where's the proof of identity theft?  But he can at least make them write the report, regardless of whether they do anything with it or not. 

[creditwherecreditisdue]

---

@IOBA wrote:

The marriage was annulled years ago.  They have been doing battle over custody ever since.  He actually was awarded legal custody after he retired from the military.  He still has to pay child support (it's SOOO messed up) even though she makes more than he does and he has custody!  He's *still* in court over that and has been for years.

Back to the issue - open accounts, not his.  The open accounts happened years after his annullment.

He goes into debt every month.  (This has been to poor daily choices.)  Having the open account/card and a card in his possession would be a very bad thing!  So, as sad as this is, I think he needs to close it for good.  I think he should file a police report.  I don't think the police will do anything about it though.  Where's the proof of identity theft?  But he can at least make them write the report, regardless of whether they do anything with it or not. 

---

It's called identity theft. It is a serious problem. That's why he needs to go sit directly with the prosecutor.

[haulingthescoreup]

---

IOBA wrote:

...I think he should file a police report.  I don't think the police will do anything about it though.  Where's the proof of identity theft?  But he can at least make them write the report, regardless of whether they do anything with it or not. 

---

Quite possibly true. But right now, his priority should be protecting his credit. So whether the police act or not, he needs to file a report (or reports, from the other thread), so that he has documented that someone else has been using his credit info. This is crucial for his self-protection in the future.

Punishment would be nice too, I agree, but first things first.

[Anonymous]

---

@IOBA wrote:

He goes into debt every month.  (This has been to poor daily choices.)  Having the open account/card and a card in his possession would be a very bad thing!  So, as sad as this is, I think he needs to close it for good.  I think he should file a police report.  I don't think the police will do anything about it though.  Where's the proof of identity theft?  But he can at least make them write the report, regardless of whether they do anything with it or not. 

---

this sounds HARSH but:

YOU NEED TO STOP HELPING HIM AND STOP HELPING HIM NOW.

if you do not think your brother, in his fifties and retired, can control his spending or control himself with a Kohls Card in his name, he needs to get help for those problems before you expend energy trying to help him with his others.

he needs a reality check, if not an intervention if it is as bad as you state

He needs better attorneys working for him, if that involves firing his current ones. heck I would consider a malpractice copmplaint against his attorneys.

AND I HAVE NO IDEA WHAT STATE THIS WAS DONE WHERE AN ANNULMENT GAVE SPOuSAL SUPPORT/RETIREMENT GARNISHMENT.

There is more to this picture then you know or are aware of.

Message Edited by usmc58555 on 09-27-2009 04:11 PM

[IOBA]

I agree he needs to help himself.

I agree he needs to make better choices.

I agree that she NEVER should have gotten awarded any of his retirement.  (I have researched the Sailor's protection act, etc. Legally, a judge can award it.  I don't think he should have in this case.)

He asked me to pull his credit reports.  I did.  I am not doing anything further, except gathering information from here, until he's ready to sit down and talk about it.  

It really is his battle.  I have tried to help him in the past.  His had not made any changes.  >sigh< 

[GregB]

Something is confused here.

Child Support is calculated on income, deductions, percentage of time with the child, etc. Marriage is not relevant to that since you can have a child and not have ever been married. If he has the child more than half the time and makes less than the "ex", she would most likely be paying him. That ends at 18 years old or so.

I don't know how you could have an annulment and spousal support and/or an award of retirement. An annulment would mean the marriage never was a marriage. Is it possible they are divorced instead of that the marriage was annulled? Some bizarre state laws here?

[creditwherecreditisdue]

Annulment + Children = strange, too.

[Anonymous]

Each state does have different legal definitions of anulment though.

PS your brother if he has a military retirement has no impediment to working as other income will not effect his retirement pay.

he has been keeping himself in his broke and destitute situation. 

Message Edited by usmc58555 on 09-27-2009 08:56 PM

[IOBA]

*sigh*

He does have to pay child support but not nearly the amount filed for (she lied about her income and he was active duty at the time).  The result was a high amount of money while he was overseas.  When he got back, he put in his two cents and they started their LONG legal battle.  Court reduced the amount of child support and the "reviews" keep being postponed by the x.

She took that original court order and submitted to DFAS for garnishment.  They are giving it to her.  He has to try to collect the overage every month.  Yeah, I can hear you laughing now.  

PLUS she gets a portion of his retirement.  The retirement issue is closed by court order.  (Somebody had a very good attorney!  And someone kept the **bleep**ty attorney!)

DFAS does what they are told, based on what they are provided.  My brother and his attorney did not do a very good job responding to DFAS.  So now he has to deal with that.  (I am not taking care of it for him.)

It's a mess.   The last thing he needs to do is go further into debt with  Kohl's card.  Especially when he's choosing to pay like $130 for cable each month!  I don't even have cable!  But again, that is his choice, his problem, not mine.

My goal is to be ready to help him protect his credit from the x.  And from what I can see and understand, he does not have many job opportunities with his credit as bad as it is.  Sad, huh?