My H and I have been separated for almost 6 months already. He is still with OW.

Anyways. A week after he left me, we got together and split our bills. All of them are in my name and had just been added to them. We owe a total of about $12,000. Therefore, we split them up even. He got one credit card with $6,000 and I got two others suming up to $6,000. A few months back the credit card that he is paying called me to let me know that the bill was 2 months overdue. I had to make an immediate payment over the phone (they took it out of my checking acct since the credit card and bank are the same). I immediately called my H and told him about it. I had enough money to cover it but needed to get it back from him. He did eventually pay me back MOST of it.

Well, today it happened AGAIN! They called me but I do not have the money to pay right now. I do have some in savings but that is what I'm saving up for getting my own place. I was just SOOOOOOO mad when I heard he hadn't paid. So, they are going to take it out of my account again on Friday. This card he's paying has already been cancelled (when I found out he was using it to buy OW gifts). I don't know what I can do, if anything at all to avoid this. This card is in my name. He's never had good credit, so we had to open everything in my name and he was just like a co-signer. Now I'm the one being screwed over.

Is there anything that I can do legally to make him pay this? Besides a legal separation? A legal separation is just as expensive as a divorce. If that's the case, I might has well do the divorce, but that's NOT want I want. I love this man (even though I hate him today) and want to work this marriage but he is just driving me crazy. I know it's just money, but that's how we live in this world. We need it. If anyone has any suggestions or comments, PLEASE help. I just don't know what to do anymore. I'm getting desperate!

H98

hopeful98,

You have to pay it first to settle with the CCard company since it is under your name. I would get the copy of the statements since you separated and keep all the payments that you make afterward. You could plead to the judge to get the money back later in the event of Dv as part of your settlement.

You should not have join credit card w/ him at all once he is separated. Document everything.

-rh-

This really SUCKS! Why do they get so insensitive and irresponsible? Arrggghhh!!

I can't believe this is the same person I fell in love with and marriad 5 years ago!

H98

Depending on the amount he owes you, you can file a small claims court complaint. It's easy to do. Look it up in your local phone directory. Or, there is probably a local government web site to give you the outline.

Once you're in court, you bring in all the necessary documents ... including any separation financial agreement paperwork.

You bring in a copy of all the emails between you that pertain. Everything to make your claim.

If what you say is true, you have a chance of success.

I have been in small claims court twice, and won both times. There are people who will serve the papers for you (for a small fee) if you don't want to do it yourself.

It's not a very costly proceedure. Look into it and give it some thought.

Pep

<small>[ August 04, 2003, 03:03 PM: Message edited by: Pepperband ]</small>

i concur with pepper---either he pays or sue his a$$!!! dont let him off on this.

My H didn't pay for his truck for 3 months and they repoed it last week, now him mother, father and him think I should somehow come up with the money to get the truck back. His mother said he needs a truck to get to work, if he doesn't have a way to get to work then he can't pay support. They have to cart him back and forth to work now and they hate it. So what am I suppose to do? Last year when we sold our house all of a sudden he didn't want to buy a house with me so he gave me the money from the sell of our house to buy the house I have now and he wants his 1/2 of the money that i put down on the house.

Hello hopeful,

I would suggest filing for a seperation agreement. This does not mean you have to file for a divorce but it will protect yourself financially. Discuss everything with a lawyer and have one drawn up. I would probably have it worded in such a way that monies are withdrawn from his account automatically and given to you to pay the said credit card. That way you will always know it is getting paid. Another benefit of a seperation agreement is that legally if your H finds himself in a financial situation that he cannot handle the chances of them going after you is slim. Again discuss this with a lawyer but do protect yourself.

I've had to go through all this too. We've been separated for 7 months now.

A divorce or legal separation WILL NOT get your name of these debts. A divorce (or separation) is a contract between you and your spouse NOT between you and the creditors.

I've had to make minimum payments on my STBX's behalf. It really irritates me.