When I divorce my husband could I ask for him to pay the debt? 11 Answers as of June 22, 2015

My husband abandoned me. He stole my credit cards and put me into debt. He has not paid any child support and has been gone since 2009. When I divorce would it be unreasonable to ask the judge to make my ex pay all the debt and back child support? I am low income. Do lawyers charge a lot for an uncontested divorce?

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Walpole Law | Robert J. Walpole
Yes, you could very easily show that he incurred the debt in your name post-separation. If so, the judge would probably order him to pay it. You ask how much a lawyer charges for an uncontested divorce yet your situation indicates you want the other to pay a debt. My experience is that he will fight that so your situation will not be uncontested. In any event, lawyers still must do a legal analysis of any situation so it is hard to say what any particular lawyer will charge for any legal service.
Answer Applies to: Oklahoma
Replied: 6/22/2015
Reza Athari & Associates, PLLC | Seth L. Reszko
In a divorce, a Judge will treat debt obtained during the marriage as marital debt and you would both be responsible. That doesn't mean you pay all the debt. Your spouse would be required to pay potentially 1/2 of the debt and reimburse you for the debt you already paid. There are also issues of child support and child support arrears. In easier terms, if you have primary physical custody, your spouse will be responsible for child support at 18%/25%/29% etc., depending on the number of children. The Court can go back 4 years for child support arrears. The Legal Aid Society of Southern Nevada offers pro bono attorneys who might be willing to take your case. You might also consider looking at the forms on the Family Court's website to get you started.
Answer Applies to: Nevada
Replied: 6/12/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
First of all, you can ask the court for anything. You might get a large part of the debt allocated to him, but what good will it do you if he is the kind of person you have described? He might stay concealed, and he does not seem likely to pay the debts anyway. (Remember the court can allocate debt between the two of you, but it cannot keep the creditors from going after either one of you.) Whatever lawyers charge for an uncontested divorce does seem relevant here, since if you can serve him, he is likely to contest a good many issues in a divorce. Lawyers' fees vary a great deal, and you'd have to discuss with the lawyer what his/her fees are, and how they can be paid. You can also consult one of the groups which concentrates on serving low-income people, like Community Justice Inc. in Madison. Good Luck.
Answer Applies to: Wisconsin
Replied: 6/12/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
First a court will not usually order payment of back child support when there is no child support order issued by a court of lawYou can get him to pay the debt but that is also a 6 year statute of limitation so you really need to contact an attorney immediately
Answer Applies to: Michigan
Replied: 6/11/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
First, this is not uncontested since you've already outlined both a debt division issue and an issue with a child. If nothing was filed and nothing ordered, he doesn't owe you child support. If the court ordered him to pay child support, then his wages can be garnished for both past support and current support.
Answer Applies to: Washington
Replied: 6/11/2015
    Law Office of Robert E McCall | Robert McCall
    This is probably not an uncontested matter. You are not asking too much considering what he did to you.
    Answer Applies to: Florida
    Replied: 6/11/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    If you know where your husband is you can ask the court for that order. Attorney's fees vary so try several places.
    Answer Applies to: New York
    Replied: 6/11/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    All the worst cases are fact driven, however in your case the court has had no jurisdiction because you have not filed and therefore there has been no order for child support. Regarding the debts, that will be based on the individual facts. You should be filing immediately, preferably with an attorney, and if the dissolution is not contested it should not be particularly expensive. The cost of a divorce really depends on what the parties do.
    Answer Applies to: Michigan
    Replied: 6/11/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    No, it would not be unreasonable, however, a better way might be, as long as he stole your credit cards, to file a criminal complaint for theft. Good luck.
    Answer Applies to: Florida
    Replied: 6/11/2015
    Law Office of Martin A. Kahan | Martin A. Kahan
    You can request that he pay. If you cannot afford a lawyer, you can go to the self help center at the courthouse for assistance.
    Answer Applies to: California
    Replied: 6/11/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    First thing you should consider is the fact that this divorce might be contested in that your husband may fight support and support arrears. With that being said, you can bring all of these issues to the courts attention for resolution.
    Answer Applies to: California
    Replied: 6/11/2015
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