Results 1 to 3 of 3
  1. #1
    Join Date
    Oct 2017
    Posts
    1

    Default Cancellation of a Credit Card Used to Pay Temporary Support

    My question involves a marriage in the state of:Illinois

    My temporary support is being allow exclusive access to the home and my spouse pays the utilities and insurance. I am also allowed use of our joint credit card for living expenses. The card is my sole means of income

    My previous attorney had his assistant email me and inform me that he wanted me to pay his bill with my support credit card. I questioned several times if that would be ok legally and each time I was assured by the attorney through his assistant that I had a court order to use the card. I did as he advised and gave them the card number to charge even though there had been deadline issues and months of unanswered calls and emails directly from the attorney

    A week or 2 later after after his assistant emailed me asking me to give permission to the attorney to sign an important document that the attorney knew I had issues with, I retained a different attorney

    After another week or so when I tried to use the card to purchase groceries the card was declined. I informed my new attorney who later that day received an email from spouse's attorney stating that my charges put the card over the limit and she told my spouse to cancel the support credit card. She also said that they weren't going to pay it. It seems my husband had cut the limit on the card in half after he made the agreement for support and we both continued to use the card.

    My attorney set a emergency hearing for 2 days later. At the hearing spouse's attorney stated that I didn't need the support because I had received $23000 60 days previously from an insurance policy I'd cashed in. That was untrue and spouse's attorney was quite familiar with the fact that I cashed in the $20,000 policy 16 months earlier the first time my husband took me off the card and closed our joint checking account. It wasn't difficult that time because I had the insurance money for expenses and used it to pay off other obligations for the 6 months I didn't have the card.

    After several more false statements and insults from my husband's attorney (like I was harassing my husband by saying he is an alcoholic, which he is) the judge decided to do nothing about the card

    There is another hearing in 2 months and I'm broke until then. Is it possible to appeal the (non)decision or is there anything else I can do? Right now I am using a credit card and paying only the minimum with the small stash of funds I hoarded away. Luckily the kids are grown and on their own or I'd be really screwed.

    Thanks in advance

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Cancellation of a Credit Card Used to Pay Temporary Support

    You can talk to your lawyer about your chances of winning a motion for reconsideration, but judges very often respond with a finding that amounts to "I was right the first time". You can talk to your lawyer about the possibility of an interlocutory appeal, but you can expect that to cost thousands of dollars, take months before the court reviews the application, and for the appellate court to find that the issue can be addressed after the final verdict, should you appeal at that time -- you may be lucky, but that's what usually happens.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Cancellation of a Credit Card Used to Pay Temporary Support

    It would probably be in your best interest to get some sort of job, bringing in some sort of income, ASAP. You do not want to be completely beholden to your stbx for every little penny.

    1. Sponsored Links
       

Similar Threads

  1. Collection Lawsuits: Sued For Credit Card Debt, Only Income is Social Security and Child Support
    By pds in forum Debts and Collections
    Replies: 3
    Last Post: 02-28-2015, 10:40 PM
  2. Modification of Support: Cancellation of Health Insurance After Support is Calculated
    By BrokenSystemPawn in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 03-20-2014, 04:02 PM
  3. Foreclosure: Debt Cancellation on a Home Equity Line of Credit
    By kneadhelp in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 10-02-2011, 09:15 PM
  4. Debt Collectors: Credit Card or Child Support
    By singlemomiowa in forum Debts and Collections
    Replies: 1
    Last Post: 04-30-2009, 07:11 PM
  5. Debt Collectors: Debt Cancellation for Credit Card
    By dieg0805 in forum Debts and Collections
    Replies: 1
    Last Post: 02-21-2009, 10:48 AM
 
 
Sponsored Links

Legal Help, Information and Resources