[wakjak]

Hi, I hope someone can give me some advice. I just read similar questions and answers on this site and the answers were good, however, my situation is a little different.

I just received Civil Action to appear in court for an old credit card incurred during my 20 year marriage.

I separted from my husband less than 1 year ago and we have been back and forth with child custody issues. The divorce has not even been started as I lack the funds to pay the attorney, I spent it all on my child custody lawyer.

My financial situation is this: My unemployment just ran out, I have no job (yes, I'm looking). My only source of income at the moment is Social security money which is paid to me on behalf of my 4 children and minor child support. A total of 1800/month, which will not even cover my rent and utilities. (Next step food stamps if no job comes along soon).

If I appear in court, can they force me to pay this judgment? There are many other debts that could come up also in the future. I have nothing to garnish and not enough debt for bankruptcy. I am also afraid that if I am forced to pay this, many more will follow. I am already fighting with my children over who is drinking how much milk and wasting food.

From what I understand, when I file for my divorce, all debts incurred during the marriage will have to be agreed upon who will pay what percentage. Can this be used as a defense to not pay this judgment until divorce is settled?

What would happen if I just don't go? Do they have any way of enforcing payment?

Any and all advice would be appreciated

Jackie

[George_1950]

A possible solution is for you and your husband to file a joint Chapter 7 and discharge all debts. That takes care of one big issue in the divorce: payment of debts because there won't be any.

[wakjak]

I should have also stated in my question, that we did file bankruptcy in 1997 and I am still trying to recover from it. Had I know how long I would suffer from it, I would have chosen another option. I never want to go through that again. Items are just falling off my credit report now. I'd like to have a mortgage and car payments again one day!

Thanks for the suggestion.

Jackie

[George_1950]

Jackie: Don't know what your post bankruptcy issues are, but that is not typical. Bottom line: you either have debts you can pay, or you don't. If you have two incomes, that is good; if you have two households, that can be expensive.

[wakjak]

Umm, post bankruptcy issues related to my divorce, I spent 5 years rebuilding credit again, got it up good to over 600 but ex mucked it up again. That was when the divorce just had to be done. So Im not divorced but finances at least are separate. He even went so far ast to steal my credit card when he left and ran it up, then paid it and reversed the payment accusing ME of fraud! It's a mess! I should have been out of it by now, that was my intention 10 years ago, thinking ahead that my kids would need college loans, but its all a mess.

Anyway, I need a way out of paying this or at least deferring it because he will most likely be responsible for 70% of the charges.

He is still not even paying me full child support I'm entitled for lack of funds for attorney fees. Last time I attempted that he lied and pretended he had my 5 year old which he doesn't, so 5 months later it cost me 1200 to prove him wrong... blah blah blah

But what I need now is a way not to pay this and to merge it with my future divorce negotiatins.

Thanks
Jackie