QUESTION
What can be done if first wife is coming after 2nd wife for divorce settlement back payments?
Asked on May 24th, 2013 on Bankruptcy - Rhode Island
More details to this question:
My husband has been unemployed for a while now and has fallen behind the payments for the divorce settlement to his first wife, now she wants her money and is threatening to take me to court so I pay for the debt, as I am the only one working at this moment. Can she do that? What type of lawyer should I hire in case I have to go to court?
8 ANSWERS
Reviews not shown
3 Awards
You should hire a family lawyer, aka divorce lawyer. An ex-spouse cannot get an order against someone who has no legal obligation to support a child or former spouse. Therefore, she should not be able to force you to pay your husband's obligation. However, a court could attribute income to your husband if it is determined that he is intentionally underemployed or unemployed. In that situation, the court could consider that you are paying all the household expenses, which give your husband more expendable income to pay support. It is very important that you consult a family lawyer so your case can be presented in the best possible light- given your unique circumstances.
Answered on May 27th, 2013 at 8:31 PM
You should consult a family law attorney. You are not a party to the debt so it should be difficult for her to force you to pay.
Answered on May 27th, 2013 at 8:07 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
She can't get the money from you. She can go after your husband and try to get his ? of any marital property.
Answered on May 27th, 2013 at 7:38 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Your husband needs to get to court under the new circumstances to have his payments modified or he will be held in contempt. There is other relief he could seek as well. Your money should not be relevant to this issue in Michigan.
Answered on May 24th, 2013 at 9:09 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
It is not your obligation and if she tries, it should be thrown out of court fairly quickly unless there is something else going on, like you have a business at which your husband is working but not receiving income. You probably need a family law attorney if she sues.
Answered on May 24th, 2013 at 2:37 PM
Michael Paul Vollandt
You do not have an obligation on his debt he owes the ex. However; do not let your Husband be on your joint checking or savings accounts. For the time being just keep all of your money in a separate account in you name. If the ex starts up some crap then you and your Husband should see a family law attorney, at least for a consultation.
Answered on May 24th, 2013 at 2:36 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
Unless you and your husband have a pre-nuptial agreement, all earnings are community property. The wife can't come after you as such. She can come after her ex husband since the settlement was reduced to an order and/or judgment. So she can take him to court and show that there is community income. Your husband/you need a family law attorney to probably work something out while he is unemployed. He also needs to make a serious effort to find a job, as this will not go away.
Answered on May 24th, 2013 at 2:36 PM