# Warrants for Debts that were Supposed to Be Paid by Ex



## WWP14 (May 9, 2014)

I need some more advice. Under our actual divorce decree, he was suppose to pay for all my medical bills. The reason, they should have been covered under his medical with the military. So the judge awarded me that. Also awarded me half the money in a JT brokerage account which he sold and now capital gains is due. But I have already asked that question. My new question is about my credit and the bills he left me with. How can I get out of this financial mess he left me with? Pay these bills or at least get him held accountable instead of the collectors coming solely after me. He got a home in Ohio Built from the ground up closed in December 2013. He sold the stock in the account 3 weeks before closing. Nothing of course came to me. I am here still trying to pay the bills he left me with they were in both of our names. So how in the world did a bank let him get a house? I need some direction on how to get this exposed or at least what to do. I go to court for the debts on 6/16/14. I am struggling help!


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## Pluto2 (Aug 17, 2011)

You can file an enforcement /contempt action. Generally, creditors don't care what a divorce decree says, they will come after you. You can try calling and telling them the situation and suggest they go after your ex, since he appears to have more money.
I'm sorry you are struggling.


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## WWP14 (May 9, 2014)

Pluto2 said:


> You can file an enforcement /contempt action. Generally, creditors don't care what a divorce decree says, they will come after you. You can try calling and telling them the situation and suggest they go after your ex, since he appears to have more money.
> I'm sorry you are struggling.



Will that work?


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## sylviaslife (Dec 31, 2013)

WWP14,
I can tell you what I know from my own situation. My ex and I came to an agreement outside of court regarding division of assets, debt, and child support. I paid off my half of the debt a month after the divorce was final by transferring it into an account in my name only. He never transferred his half into his own name. He made payments for a while (mostly late payments). Then about a 10 months after the divorce was final he decided he didn't want to pay child support any more. Had to take him to court for that. His wages are now being garnished for CS, and he was ordered to pay my attorneys fees. He then tried to file a counter motion, which the judge denied. Then he quit making payments at all to the debt that was he was responsible for and said 'he would pay it when he paid his attorney fees for the counter motion'. The accounts have all been turned over for collection. I have now filed a contempt of court motion with the court for all of the court orders he has failed to follow.
Bottom line is this. A court order, whether it be in the divorce settlement or a separate civil action, has to be enforced if the responsible party doesn't live up to their end of the agreement or to what the court orders. And you or your attorney will have to make the court enforce it. In my opinion the system is very broken.
My credit has been badly hurt by this. I would have handled things differently before the divorce was final had I known how badly things could turn out.


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## EnjoliWoman (Jul 2, 2012)

WW14 - I assume based on your phrasing you are in the US? (I know privacy is a priority but I sure wish people would at least put country or continent.)

Yes, you have to assert your rights civilly - that is, in civil court. You will have to file contempt of court charges. He will be ordered to show up to court at a certain date and time as will you. You will have to bring things to prove he hasn't complied. He will try to show he has (and he just may do that before court to keep from being found guilty of contempt). But that won't happen before you have to go to court for the debts. 

Show up to court with the order showing he was to take care of this and any documentation you have regarding his assets, bank information, etc. If you help the creditors find him and his money, things will go more smoothly.

Lastly, get copies of your credit report. Technically you are liable because you signed the credit applications and the lines of credit were in both names. BUT you can still try to dispute the bad marks on your credit and say it was his responsibility and send in a copy of the order. You can also add a statement of explanation under any entry in your credit report, so do that if you can't get the credit removed. 

AND if the creditor doesn't respond to the bureau's inquiry within 30 days they have to remove it. Sometimes red tape helps there because many banks retain records off-site and it may take a while to retrieve if they haven't gone digital yet.


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## honcho (Oct 5, 2013)

You will most likely have to take him to court again under a new civil suit to get the monies out of him. Most divorce court ruling actually have no real teeth, once they make the divorce final they consider it closed and now you have to start new actions to get enforcement. 

A person has no real incentive to follow most divorce decrees because banks and credit card companies could care less what a divorce decree reads. They will go after anyone to get there money and about the best you will get in a new suit is a garnishment of his wage to pay you back. The courts and the lawyers do fail and they also have no incentive to fix its broken system.


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## EleGirl (Dec 3, 2011)

Warrants for Debts?

That sounds like you are being arrested? Please explain your use of that word.


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## WWP14 (May 9, 2014)

It is a warrant to get a judgement placed against you for a debt owed. In this case, it is for the medical bills my exhusband was suppose to pay but he left that to me. And ran to OHIO.


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## WWP14 (May 9, 2014)

2galsmom said:


> Here is the sad truth, the court order, even if you go and bring a contempt case against him has to be enforced and it rarely is. In the meantime you need to protect your credit, as the bill collectors do not care about what happened in the divorce.
> 
> If your state permits, you can file a claim with your state where you sign that the state will assume the role the payee for your child support. Thus your ex owes the state and not you, they can go in and garnish his wages, deny him driver's licenses and enforce childcare. The state then pays you and will hold him accountable for all payments since the date of the court order.
> 
> ...


I thought bankruptcy hurts you. i have a top secret clearance and need it for my job. I feel like my back is against the wall. Also, I am an accountant it is my profession. How can someone trust me when I can not handle my bills.


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## EleGirl (Dec 3, 2011)

WWP14 said:


> I thought bankruptcy hurts you. i have a top secret clearance and need it for my job. I feel like my back is against the wall. Also, I am an accountant it is my profession. How can someone trust me when I can not handle my bills.


Bankruptcy does not automatically hurt your clearance. The reason for the bankruptcy is what is looked at.

When it's because the person was/is financially irresponsible like running up bills way above what they can afford, gambling, etc. it's the behavior that is a problem.

In your case the problems have been forced on you by your ex. This is not your fault.

Another thing to consider is that if you don't take care of the debt one way or the other it will make you look bad and could affect your clearance. So a bankruptcy will bring an end to the problem.

Will Bankruptcy Affect My Military Security Clearance? | Nolo.com

Another side affect of a bankruptcy is that since the creditors will not be able to come after you, they will go after your ex. 

Just make sure that they have his address. All those folks coming after you for money, even the ones who are trying to get judgments against you.. write them a letter with a copy of the part of your divorce assigning the debt to your husband and give them his address. They might have started to come after you because they don't know where he is. So let them know.


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## Pbartender (Dec 6, 2012)

WWP14 said:


> I thought bankruptcy hurts you. i have a top secret clearance and need it for my job.





EleGirl said:


> Bankruptcy does not automatically hurt your clearance. The reason for the bankruptcy is what is looked at.
> 
> When it's because the person was/is financially irresponsible like running up bills way above what they can afford, gambling, etc. it's the behavior that is a problem.
> 
> In your case the problems have been forced on you by your ex. This is not your fault.


I have a brother to recently retired from nearly 30 years as a U.S. Army Intelligence/Counter-Intelligence HUMINT specialist... Half of his job was recruiting informants.

Understand that, when it comes to a security clearance, bankruptcy and other financial problems have as much to do with your potential bribability, than perceptions of responsibility.

A bankruptcy means that, for whatever reason, you were in extreme financial duress which required extreme measures to resolve. A person in that situation tends to be more susceptible to breaking security rules in exchange for financial relief.


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## WWP14 (May 9, 2014)

Pbartender said:


> I have a brother to recently retired from nearly 30 years as a U.S. Army Intelligence/Counter-Intelligence HUMINT specialist... Half of his job was recruiting informants.
> 
> Understand that, when it comes to a security clearance, bankruptcy and other financial problems have as much to do with your potential bribability, than perceptions of responsibility.
> 
> A bankruptcy means that, for whatever reason, you were in extreme financial duress which required extreme measures to resolve. A person in that situation tends to be more susceptible to breaking security rules in exchange for financial relief.


Okay, now that makes me mad. First my ex husband stole my savings and left me hanging. Also, he was active duty and had an affair with a second class, and concealed a dui from his chain of command which is zero tolerance and got to retire. He refused to put me on his page two and these medical bill should have all be covered under him. All I did was my job and now I am the one holding the bag. 

Not only have I served, I have spend a tour in the Middle East for this country because I was called up. So I had to suspend my business and got hit. I understand what you say but no matter how bad something gets I would NEVER betray the oath I took. To Me that is a cowardly act. Just like I faced it there I can do it here. He got a DUI and got to retire. But I am not only going to have my resolve questioned but my integrity. I have seen more people get kicked out for much less and got to retire with their un-noble [email protected]@@. And those are the ones that slip through the cracks. 

I am not mad at you, just the situation. That sorry excuse of a man should have never been allowed to retire and say he is a veteran. But the government allowed it. And nothing happened. Where is the justice in that scenario?


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## EleGirl (Dec 3, 2011)

WWP14 said:


> Okay, now that makes me mad. First my ex husband stole my savings and left me hanging. Also, he was active duty and had an affair with a second class, and concealed a dui from his chain of command which is zero tolerance and got to retire. He refused to put me on his page two and these medical bill should have all be covered under him. All I did was my job and now I am the one holding the bag.
> 
> Not only have I served, I have spend a tour in the Middle East for this country because I was called up. So I had to suspend my business and got hit. I understand what you say but no matter how bad something gets I would NEVER betray the oath I took. To Me that is a cowardly act. Just like I faced it there I can do it here. He got a DUI and got to retire. But I am not only going to have my resolve questioned but my integrity. I have seen more people get kicked out for much less and got to retire with their un-noble [email protected]@@. And those are the ones that slip through the cracks.


I gave you a link that clearly states the way bankruptcy are handled in regards to security clearance. When know that the article is right because I used to work in intelligence. When doing that, we did security clearance determinations. The fact that your financial problems are not of your own doing means everything in this. The sooner you handle this the better because if you let it go too long then you start to be culpable.

Any extreme issues that might exist, such as the fear that a person with financial problems might take a bribe or be blackmail-able goes away when you file for bankruptcy.


WWP14 said:


> I am not mad at you, just the situation. That sorry excuse of a man should have never been allowed to retire and say he is a veteran. But the government allowed it. And nothing happened. Where is the justice in that scenario?


It’s amazing when people get away with this nonsense.


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## EleGirl (Dec 3, 2011)

Also get someone to talk to about the taxes on that money he took out. Find an enrolled agent in your area. They can help you.

All of the withdrawn money went to your husband. You can claim innocent spouse. You can prove that the money went to him as the IRS will not at his account as well. The Enrolled Agent and help you with this. He got the $$, he has to pay the taxes. 

But the IRS will not know that until you fight for your case.


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## Pbartender (Dec 6, 2012)

WWP14 said:


> I am not mad at you, just the situation.


It's understandable... I'm in a situation that's not entirely dissimilar form yours.



2galsmom said:


> Only if you are biased in your thinking Pbartender and that is the same kind of self-righteous bias that led people to label women with scarlet letters. It is one of the reasons I waited so long to take care of myself, worried about the way people who did not give a damn about me would "look at me."
> 
> Not everyone looks down and judges people who are in financial crises as harshly, some people have empathy.


What the hell are you talking about?

I'm just discussing the practical criteria that goes into granting a security clearance, and the possibilities of how her present situation might affect that. Knowing those potential effects will her to mitigate the damage or avoid it altogether.

This doesn't have anything to do with being biased, or looking down on someone, or judging someone harshly, or having empathy. This has to do with a government official determining whether or not she can be trusted with state secrets.

Elegirl's right. When it comes to security clearance, bankruptcy won't be a disqualifier in of itself, but it will be a big red flag. They will almost certainly want to look closer and will ask a lot of questions about it to be certain it won't cause a problem, or that the same problem won't happen again.

My brother was on the other side of the fence from Elegirl, when it came to security... He was looking for ways to subvert the "bad guys". Financial pressure is one the go-to methods, and it's important to defend against that, as well.

So... All that is to say, WWP14, do what you need to do solve the problem. It can be fixed, but it'll take patience, resolve and hard work. Trust me, I know. Expect that the bankruptcy will be questioned for security purposes, and be prepared to answer in a way that reflects your loyalty, responsibility and trustworthiness.

You'll do fine.


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## Hardtohandle (Jan 10, 2013)

Yes Bankruptcy can remove your TS clearance. Sorry to say that.. 

Do whatever you can to keep your TS clearance. Even when you are out of the service it still can be maintained.. It will make you valuable outside in the public sector as well. 

BTW computer forensics and TS clearance are excellent combo. 

If your divorce papers say he is suppose to pay then you are covered.. If it is verbal agreement between the both of you then he will have to admit it or the courts will have to believe he is lying.. Family court is preponderance of the evidence.. So if the judge believes he could be lying that is good enough *( SOMETIMES )*..

Get your credit reports.. Reach out to creditors.. They WILL work with you.. They will even sometimes take half.. 

I know someone who paid off his brothers debts for half.. His brother ended up paying him back monthly.. But he owed like 50k and he got it down to 25k and paid it off for him. It was one of those *"I will do this for you one time and one time only."* Because he had lost his job.

Its a negative mark but NOT bankruptcy...

Call up the creditors and you work out the agreements.. In this same instance let's assume you owe 50k and get it down to 25k.. Maybe you could take a loan out and pay the monthly payments on 25k.. 

OR
Ask for an extension.. Explain your story without whining.. Here is my issue I would like to suspend payments for a time period until I can get back on my feet.. If they try to strong arm you, then just tell them that you are looking to do the right thing here but bankruptcy can make it much easier for you and they will get NOTHING... 

Do not tell them about your TS issue BTW... 

Something is better than nothing..


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## WWP14 (May 9, 2014)

Pbartender said:


> It's understandable... I'm in a situation that's not entirely dissimilar form yours.
> 
> 
> 
> ...


I am sorry. You are right. It is just that I did the right things the honorable things and got shafted and this guy got away. I can not linger on it but I know what I need to do. I never welch on anything unless there is an EXTREME circumstance. He did it and the system did not as so much as scratch him but he hindered me. I am very frustrated. All I can do is save me. And that is what I will do.


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## WWP14 (May 9, 2014)

2galsmom said:


> Only if you are biased in your thinking Pbartender and that is the same kind of self-righteous bias that led people to label women with scarlet letters. It is one of the reasons I waited so long to take care of myself, worried about the way people who did not give a damn about me would "look at me."
> 
> Not everyone looks down and judges people who are in financial crises as harshly, some people have empathy.
> 
> ...



Thank you so much!


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## WWP14 (May 9, 2014)

EleGirl said:


> I gave you a link that clearly states the way bankruptcy are handled in regards to security clearance. When know that the article is right because I used to work in intelligence. When doing that, we did security clearance determinations. The fact that your financial problems are not of your own doing means everything in this. The sooner you handle this the better because if you let it go too long then you start to be culpable.
> 
> Any extreme issues that might exist, such as the fear that a person with financial problems might take a bribe or be blackmail-able goes away when you file for bankruptcy.
> 
> It’s amazing when people get away with this nonsense.



You did not know? They don't have the money to prosecute this jackass. They did not want to even hold him in to send him to captain mast make him accountable and kick him out the easy way was to allow him to retire and milk the government out of even more money.

So now he get a free government check for doing absolutely nothing. Then I found out that they charged this jackass for sexual harassment while I was gone. You have got to be kidding me. Its in his record and you let him retire.


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## EnjoliWoman (Jul 2, 2012)

Good advice here from people who know. And consult professionals when in doubt about something this major. It's unfortunate that it requires so much time and energy to resolve problems that shouldn't exist but you'll get more done with action than complaints.

That attitude was what helped me the most. I'd have a ***** session with my friends to get out the emotional aspect but in the end nothing felt as good as handling my business. Researching, planning and executing.

Due to ex's poor money management and delusions of grandeur and feelings of entitlement, we actually had TWO foreclosures plus the home equity line that was defaulted on and several credit cards.

I researched the credit laws, made sure my address was current in my credit files when I moved so creditors could reach me so I knew if I was served with papers (unlike the foreclosure) and then I sat and watched the statute of limitations expire on everything. After 3 years and no law suits, I double checked at the courthouse. I was clear from judgements. Now I could start rebuilding my credit. I applied for a Target card and got a $300 limit. Used, paid, repeat. They kept expanding my limits and finally they rolled it over to a Visa. I checked all 3 reports every year and disputed everything. Eventually I had saved a down payment and qualified for a mortgage and bought a house. Now my credit score is considered "excellent" 10 years later and I have multiple lines of credit - all but one at zero - and owe less than $2000 on anything. Patience, grasshopper.  This, too, shall pass. 

Just go handle it like a boss.


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## EleGirl (Dec 3, 2011)

WWP14 said:


> You did not know? They don't have the money to prosecute this jackass. They did not want to even hold him in to send him to captain mast make him accountable and kick him out the easy way was to allow him to retire and milk the government out of even more money.
> 
> So now he get a free government check for doing absolutely nothing. Then I found out that they charged this jackass for sexual harassment while I was gone. You have got to be kidding me. Its in his record and you let him retire.


I'm not surprised at all. Generally people in the military skate on this stuff. I saw it all the time.


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## EnjoliWoman (Jul 2, 2012)

EleGirl said:


> I'm not surprised at all. Generally people in the military skate on this stuff. I saw it all the time.


You'd think with what they saved in paying for retirement for honorable service, they could prosecute those who skate by.


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## EleGirl (Dec 3, 2011)

WWP14,

I don't know why this did not come to mind earlier.. but it's a part of my life that is pertinent to what you are going through.

When I was married to my first husband he had serious medical problems that led to huge medical debt. After his brain surgery he was not able to work. My job paid hardly enough to cover our rent and food. I was 22 with basically a minimum wage job.There was no way I could pay those bills. They were the equivalent of half a million in today's dollars. 

So we filed for bankruptcy.

Not long after that he died.

I joined the US Army. So yes I had a bankruptcy on my record. I was able to get and maintain a TS clearance. A few years later I got a Q clearance.

When they did my background check I included a letter explaining that the bankruptcy was due to medical bills that I would never be able to pay. There was never a problem.

Take a serious look at the bankruptcy. It will clear you of the debt. Plus once you are cleared of the debt the companies will go after your ex because he will be the only person who they can go after.

You could even ask to talk to people in the security office where you work. they can help you do this in a way that will not hurt you. 

People have all these boggy man stories about clearances. If you act responsibly and handle the problems as soon as possible (a bankruptcy does this) you look better than if you let this drag out forever.


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## EleGirl (Dec 3, 2011)

EnjoliWoman said:


> You'd think with what they saved in paying for retirement for honorable service, they could prosecute those who skate by.


It's not because of money. It's because so many are doing this crap. They are covering for each other. Scratch my back, I'll scratch yours.


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## WWP14 (May 9, 2014)

EleGirl said:


> It's not because of money. It's because so many are doing this crap. They area covering for each other. Scratch my back, I'll scratch yours.


Thanks guys. I appreciate this. I am going to look at everything


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