Ask Me Help Desk - Can he cancel

Can he cancel

I was just wondering if my soon to be ex can cancel my cell phone. We are in divorce proceedings. He has threatened to do it, but never has. I told him he could but since we just renewed our contract that he'd have to pay the early cancellation fee. We have 1400 peak minutes, I have used 637 and he has used 775, so he is way over the plan amount and I have a feeling he will blame it on me and try to cancel my phone. He is also going to be mad because when I found out he had been cheating on me I downloaded about $35 in ringtones. Is it legal to do that? If anything hurts him it is his pocket book. His new girlfriend has a different cell phone carrier and that is where the minutes are racking up. I thought I read somewhere in our papers that he couldn't do that, but I don't know. All I know is he is going to be REALLY, REALLY mad when he gets the bill

If the bill is in his name only he can but would have to pay the contract cancellation fees.
If your name is on the bill too then you would be responsible for half the charge.

IF YOU want a simple solution maybe you could suggest to him for you and his girlfriend to trade phones but the numbers and the names have to be changed at point of transaction.

My name is on the bill but it is under his credit and it goes to his address. He has been paying the bill since April when I left. We have a written agreement between us (which I know won't hold up in court) that he will pay our phone and my car payment (which he took away) It was in his name and even though he bought it for me, he took it back.

Yes he can take a car in his name because whoever a car is titled to is legal owner.
If somebody 'buys you' a car you should always insist that it be in your name if it is to be yours.
If he can prove any costs for the phone that were directly yours like the ringtones he may be able to recover money for that. Since it is billed to him he would have to go after you to collect anything he can prove to be your share.

What state do you live in? In some states - everything is 50/50.

Montana

Unless the divorce court ordered him to pay, he can stop paying anything he wants.

Quote:

Originally Posted by nelly2185

I was just wondering if my soon to be ex can cancel my cell phone. We are in divorce proceedings. He has threatened to do it, but never has. I told him he could but since we just renewed our contract that he'd have to pay the early cancellation fee. We have 1400 peak minutes, I have used 637 and he has used 775, so he is way over the plan amount and I have a feeling he will blame it on me and try to cancel my phone. He is also going to be mad because when I found out he had been cheating on me I downloaded about $35 in ringtones. Is it legal to do that? If anything hurts him it is his pocket book. His new girlfriend has a different cell phone carrier and that is where the minutes are racking up. I thought I read somewhere in our papers that he couldn't do that, but I don't know. All I know is he is going to be REALLY, REALLY mad when he gets the bill

If the bill is in his name, he can do whatever he wants. Quite simply, if you are using the phone and he is paying for it, he can complain all he wants, but he is the fool for not cancelling it when he doesn't like the bill. If I were you, I would get an individual plan and move on. Do you really want him knowing who you are calling?
My ex cancelled the cable when he moved out of the house, but I laughed and established it in my name the next day. Whatever you do, don't let him get to you. All this will just make you a stronger person in the long run - trust me!

You said the cel phone bill is in your name, the carrier doesn't care how much you run the bill up, they will still come after you. You can suspend his phone and he won't be able to use it, but you'll have to either pay to get out of your plan, or continue paying until your plan is up. You'll have to take him to court for any unpaid bills you wish to collect from him.