Does this sound right?

[jss001]

Divorce in progress. STBX filed for Chapter 7 approximately 2 weeks ago. Her Means-Test Calculation states that her avg income is ~$3400 -- however, in Schedule I claims that she's unemployed currently...know she quit her job approximately 1 month ago (not laid off, fired, etc). Schedule J expenses are ~$2400. Think $750 of this is fabricated, but whatever...guess they'll ask for cancelled checks/bank statments. She also receives ~$1000 in child support. Based on my calculations...this leaves her with approximately $900/mo in disposable income after taxes, unless child support is not included in her ability to repay. Do you think this will go to a 13? If so, 100% repayment (balances with no interest) would be around $600/mo for 60 months. Any thoughts? Sorry to sound so critical, but the divorce has been miserable and am under the impression that she is attempting to stick me with 100% of the marital debt. Can I request that bankruptcy be placed on hold until the divorce proceeding is finalized?

[magyar123]

If she does not include you as a creditor you have no rights to object to anything of what she claims/does/plans.

[momof5]

I think your angry and looking to much into her living expense and life. Even if child support is included as income how could you possibly know at this point how much extra money she has a month?

Years ago(16 to be exact) when I was divorced from my first husband he was over one day for some reason or another. He accused me of wearing a$100 skirt & $50 shirt and $100 shoes! I was wearing 1.99 skirt, .99 cent shirt (from Goodwill Stores) and shoes I had for many years probably costing not more than 9.99 at payless. I think you get were I am going with this.

For right now can you find a way to just stop stressing over what she is doing? Are you in a position to file on the debt you may be held responsible for?

If she has already filed a chapter 7 then her attorney must have already reviewed her income/expenses. I honestly think your fighting a losing battle here.

[Cali]

I think if the OP has reason to believe she isn't being honest then he should look into it. Especially if she expects him to take the debt over.

And I don't see why the OP wouldn't know the amount she has left over, they were married and unless she has taken on some major bills I don't see how the amount would be that much different.

I also think the OP should make sure he has all his ducks in a row just in case he has to file.

[jss001]

Yes I'm angry...

I have been paying on my 50% of marital debt, continue dragging myself into work each day to pay debt/atty fee's/child support and to top it all off sleeping on the couch at a relatives house for the past 6 months to do this. I'm not squabbling over a $1.99 skirt...my issue is that I stand to inherit $35,000 worth of debt in her name on top of the $35,000 I already have in my name. I do not want to file for bankruptcy, but feel that I'm being forced into it. Unlike my STBX, I am under the naive impression I should do anything/everything I can to pay creditors back. She can work, makes enough money to pay some portion of this back and stands to get somewhere in the ballpark of $20,000 if the divorce settlement goes through. Instead, she decides to quit her job, secretly file bankruptcy, put the divorce settlement on hold with the intent to stick 100% of marital debt to me. Next step is what...I take on 2 part time jobs on top of my full-time job to pay everyone off and continue sleeping on a couch for the next few years? I don't care if I get stuck with 60% or even 70% of the debt...just think she should take some responsibility as well.

[epiphany]

I don't think that child support is considered income...it's for the child and therefore, by your calculations, she would then be 100 dollars in the negative.

Of course, I could see that if she were claiming the entire amount for child expenses that were offset by this, then...well...hopefully someone in the know will chime in....it's a good question.

In any case, do you have an attorney? If so, can he or she not advise you?

Sorry for your situation. But if you do need to file, think of it as a business decision (words to live by from MinnyMouth). Most of us here wanted to do the "right thing" and pay our debts but for one reason or another are unable to do so. It's a very hard thing to come to terms with.

Good luck to you,
ep

[momof5]

I didnt mean to sound 'uncaring' in what I wrote. I just wanted to somehow encourage you to move on. Be it you have to file to rid yourself of the debt or you file to rid yourself of the nagging burden her financial issues are putting on you.

It doesnt seem fair, you are correct about that. But the only way to get beyond that feeling is to somehow rise above it. Your paying child support so you are a wonderful father. Be proud of that. As for the rest of it... its really out of your hands now that its in the BK court. You can only look out for yourself at this point. She has by filing.


Good luck to you! Divorce is never easy but you will survive and hopefully come out a stronger more wise person. Just keep being a good Dad because that is worth more than any amount of money!

[jss001]

What next

Okay, thanks for taking the time review my situation and reply. I'm angry, but will get over it. What else can I do right? So...what happens next? I'd appreciate any replies to the following questions:

1) Do these accts automatically start appearing on my credit report? None are joint...all were opened individually by her prior to marriage. If they have been charged off or a judgement has been issued will that appear on my report as well?

2) Do I start getting calls immediately asking for full payment or will they attempt to work out a payment plan? Can they automatically start garnishing my wages (think 25% is the CA max) immediately or do I have an opportunity to work with them first? I have no idea what the status of any acct is at this time (collection, charge off, judgement, etc). Would like to find out, but am terrified to let them know I'm here and have a job.

3) Will all creditors come after me or just the high balance ones? There are around 15 accounts listed with balances ranging from $600 to $18,000. The highest two are $18,000 and $5000, the remainder range from $600 to around $2500. Think CA SOL is 4 years. If they don't come after me now to I have to worry about this for 4 years?

4) In terms of trying to say rent an apartment in the future or apply for a loan, is there any difference between working with Credit Counseling Services vs filing for Chapter 13? My income is over the median so think 7 is out of the question for me.

[magyar123]

Within #1 you stated that "none are joint...all were opened individually prior to marriage". Those debts are solely hers.

[jss001]

Accts were opened prior to marriage. Her parents gave her $20k to pay the balances to 0 when we got married. She ran them back up during the marriage, so I'm under the impression that even though the accts are in her name the creditors will come after me when shes goes into bankruptcy. Have been reading a lot of posts and it sounds like I'm not the only person encountering a situation like this.