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  1. #1
    Join Date
    Oct 2007
    Location
    SC
    Posts
    5

    Default Failure to Pay on a Credit Line, Post-Divorce

    Hi all I will try to be brief but this problem is a little complicated.

    I am happily married, this problem is with my wifes ex. I would like some advice on my next steps.

    While my wife Wendy was married in WV. She and her then husband borrowed money by opening an equity line of credit on her fathers home. This loan was in the amout of $5,000.00 for a down payment on their house. During the divorce proceedings it came to light that her husband had also purchased a vehicle, and vending machines on the same equity line. Raising the balance to $30,000.00. In the divorce he was ordered to pay this amount. He hasnt paid any of it in over 5 years. Wendy has taken him back to court several times and has four court orders for him to pay this amount. She since moved to SC and he followed. She has three teenage children by him but hat is probably not relevant to this issue.

    Here is the kicker, he still hasn't payed anything, he knows that if the loan is defaulted Wendy's father will be forclosed and he know that we won't let that happen. I however am not excited about paying for his vending machines or vehicle. (he has since sold the vehicle and the vending machines are scattered around WV, he won't tell Wendy where)

    The question is , now that we all live in SC. what are my legal options? can I enforce a lein on his property? Is this a good civil case? I don't want to get into a personal battle with this guy but I also don't feel like I should pay his debts.

    Another thing that might be important, In an effort to keep her credit in good shape she refinanced the equity line into a mortgage to change it from revolving credit to (not revolving credit). The court orders from WV state that he is to pay a defined amount.

    Any ideas would be appreciated. If I left anytrhing out I will be glad to expand. I just wanted to be concise.

    Just one rant: Can you believe he pays less than $170.00/mo for three children?? Just trying to explain we aren't trying to put him in the poor house.

    Thanks in advance.
    Chris

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Question about a post divorce financial issue.

    Tell him he better start paying. Then ask him how much tires cost for his truck. When he asks why, hang up. You figure out the rest
    Obviously, that wouldn't be legal, the the opinions represented in this post are not necessarily the same opinions of the owners of this site, or any subsidiary companies yadda yadda yadda.
    But on a more serious note, he should be paying more for child support. Take him back to court. Or at least threaten too.
    Go back to court AGAIN, and ask for jail time. If he is in contempt, and has been for a while, the judge may consider it.
    Oh, and get you wife to do all this. You jumping in here could get you an outcome you don't want to be part of.
    This is really between your wife, and her ex. (legally speaking anyway)

  3. #3
    Join Date
    Oct 2007
    Location
    SC
    Posts
    5

    Default Re: Question about a post divorce financial issue.

    Thanks Dad2, could you explain how me jumping in could be detremental? I just want to be smart about all of this.

    I understand that legally this is between them, my wife has been through this so many time she doesn't really think that we can do anything about it.

    I feel we can do any of three things.

    1. have him held in contempt of court.
    2. apply a lein to his property.
    3. have a judge revisit his child support (could this offset the $600.00/mo. we are paying for the creditline?) as he children are 17, 15, 12 I think they are going to age out of the child support. he refuses to pay an college expenses as he doesn't believe in going to college. Although he went to college himself.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Question about a post divorce financial issue.

    If you've been back to court several times and he consistently defies the court's orders, consider initiating contempt proceedings.

    Child support is a separate issue.

  5. #5
    Join Date
    Oct 2007
    Location
    SC
    Posts
    5

    Default Re: Question about a post divorce financial issue.

    Thanks, will contempt carry more wieght, effectively forcing him to pay up?

  6. #6
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Failure to Pay on a Credit Line, Post-Divorce

    No one can physically force him to pay. If he doesn't have a steady job, or works under the table somewhere, in effect, skirting by the system, he can't be forced to pay. Now, if he has a steady normal job, a wage assessment can be initiated.
    Or, if he doesn't pay, he can goto jail. But if he goes to jail, 2 things will happen.
    1) Well, he'll be in jail. No income, no way to pay.
    2) You will need to explain to the kids why daddy is in jail.
    Start with going to court to get a child support modification, That's easy.
    Then go back to court, to file contempt charges.

  7. #7
    Join Date
    Aug 2007
    Location
    California
    Posts
    64

    Default Re: Failure to Pay on a Credit Line, Post-Divorce

    Does your wife have a judgement?

    Orders can be ignored but judgments can be turned into liens on houses & other real property. Or sell the judgment to a company that collects judgments (be sure they are reputable).

    Also she should file for contempt. He could be ordered to pay a fine payable immediately to the court. Kind of gets their attention.

    The jail thing is effective for people who have a conscience, which I'm not sure the Ex in this case has.

    Bird Brain

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Failure to Pay on a Credit Line, Post-Divorce

    Court orders can be ignored? Not if you want the judge to be happy with you, and don't want to risk contempt proceedings.

  9. #9
    Join Date
    Oct 2007
    Location
    SC
    Posts
    5

    Default Re: Failure to Pay on a Credit Line, Post-Divorce

    Thanks for all off your help, being that the cout orders are from courts in WV what steps should we take in SC. Do we need a court order issued here? If so, I assume that would be the place to start.

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Failure to Pay on a Credit Line, Post-Divorce

    You seek to enforce court orders with the court that issued the orders.

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