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abandoned · Jul 23, 2009, 02:32 PM

When we got together, his credit was ruined and mine was squeaky clean. Before and during the marriage We ran up credit card debt (Visa, Target, Sears, Home Depot etc.). Some was mine and some was mine and his (household items), but some he used to buy tools and other things that he probably still has. In addition, the apartment and all utility bills were in my name. In 2005 (married in 2000), he left me and although he agreed to pay rent etc. until I got on my feet, went missing for about 2 weeks when rent, utilities etc. were all due. I was evicted and now also have plenty of bad utility bills on my credit, as well as the standard Visa etc.

He filed for divorce in 06, has yet to make it final as we both keep dancing around the subject of how to divy up the debts. We don't want to go to court or get a lawyer. It is now time for me to respond to the last service (we already checked and the 06 filing is still good).

In my response, if I check the box "5.a.:There are no such assets or debts subject to disposition by the court in this proceeding", am I saying that no such debt exists or just that there is none for the court to decide on as we are going to come up with a written agreement, payable via spousal support (in the original filing he checked "Spousal support payable to Respondent").

Another way to put this question: Does checking box 5a affect what a court may say he owes in spousal support should it come to our actually having to go to court?

cdad · Jul 23, 2009, 03:43 PM

It would be illegal for him to pay back the debt through spousal support. And since you haven't agreed on it yet then it might be in your best interest to get a judgement from the courts on it. He might have to return tools etc to cover the debt. I wouldn't count on him co operating since his track record is very poor.

Spousal support is a maintenance payment to aid the other person in transition of a new life. It has nothing to do with debt. Also it is tax deductable at this point in time. So what the payer pays to the payee taxes are still due as it is treated as income. Unlike child support ( non tax deductable status ).