Wiggle room with debt & payments to BM
As part of their divorce agreement, DH paid half of a joint furniture credit card bill. He paid his half directly to the credit company, despite BM's request to have him write a check directly to her. She was supposed to pay her half and they would have the account closed.
She hasn't paid her half; she's continuing to make the monthly minimum payments (often late). The problem is, it's still a JOINT debt. The credit card company won't issue her her own line of credit because her credit sucks. So until it's paid off, they share this old joint debt (about $2K). She is unable to get any refinancing (even from her bank) because of her credit.
Also in their divorce agreement was that DH would pay 1/2 of whatever damages were done to the rental property they lived in at the time BM moves. This was only agreed to because he had dogs and lived their primarily on his own with the kids because she was deployed most of the time. Well, now she's getting ready to move, and we are bracing ourselves for this bill.
He's told her he'll pay half of the net amount (they had renter's insurance to cover anything substantial). But here's my question .. do you think it would be legal for him to pay the amount (whatever it is) directly to the credit card company to get this debt off his name? From a court perspective, do you think he could get away with that? The divorce agreement doesn't specify what the payment terms are at all, just that he has to pay half.
FYI .. He can't pay his half directly to the housing agency because they automatically deduct it from her Basic Housing Allowance.
What branch is she in? Having
What branch is she in? Having bad debts, late payments and trashing rental homes is not allowed.
He can pay whatever he wants to get his name off of the debt. It is his debt.
She's in the Navy .. she's
She's in the Navy .. she's not trashing the house; I can say a lot of things about her, but she is not a slob. But with rentals, landlords tend to "ding" you for a lot of things (holes in the wall from pictures, pet stains, etc).
I know he can pay the debt, but what's left is technically HER share. Just wondering if he could link these two and pay what he owes for the rental damages on the debt?
Yeah, he'll probably end up
Yeah, he'll probably end up putting a call into his lawyer to be safe .. paying down a person's debts is the same as paying them cash in the eyes of the IRS .. so I'm just curious if he could get away with this.
If it were me and I wanted to
If it were me and I wanted to cut ties completely I would pay off the cc debt directly and get confirmation of the closing of the account. As for the apartment. Wait and see what happens. If he pays CS, he can have it deducted from that. But, his credit is more important than anything else.
What's left on the debt is
What's left on the debt is HER share, which is why he hasn't paid it.
She makes a late payment every so often, but she's not destroying his credit. We recently bought a new house, and that account never came up as an issue.
It's more about just being done with it WITHOUT giving her ANOTHER freebie
Personally I'd just pay it,
Personally I'd just pay it, but I would get her to sign a promissory note for repayment.
My husband paid over 15K to get rid of his ex. Best money ever spent.
If he pays it and she signs a
If he pays it and she signs a promissory note, that's not really getting rid of her?
I know what you mean, but I don't think he intends to pay off her share. He won't give her that free pass and she certainly won't feel obligated to pay HIM timely. And then what? We'd take her to court and incur court costs to get back money he never NEEDED to pay in the first place?
What a mess .. why can't she just be financially responsible?! Grrr ...
If she signs a promissory
If she signs a promissory note and does not pay him he can actually contact her Navy Unit. I am sure she would not want to jeopardize her career over 1K. I don't get why she doesnt just pay it off...seriously.
Also, if he has children with her you/he will NEVER be rid of her. Ever.
Yeah she's definitely never
Yeah she's definitely never going anywhere.
Can he contact her Navy unit for not complying with the divorce agreement and refinancing the debt? She was ordered to do so but refuses because she can't .. truth be told, I just think she won't because she won't get the ideal financing options that DH gets with his good credit.
You could but here is the
You could but here is the thing with that. The court order cannot force a bank or anyone to give her a loan or credit. I always found those types of orders fruitless because if a person has bad credit no one is going to allow them to refi or give them a new loan.
If she is late again I would let it be known you will go the military route for enforcing the order, and that would possibly put her feet to the fire.
I was in the military and I
I was in the military and I sometimes got calls about so and so is late on their debt.
I would tell them I wasn't a debt collector, they weren't paying me to be one, and that they could certainly feel free to pursue legal options against Sgt XYZ. I also told them by calling me they were distracting me from doing MY job and I referred them to the Fair Credit Reporting Act.
I share this story because not every military unit is going to give a whoop about debts.
(For the record, I thought the entire industry was a scam...oftentimes they'd lend money to junior enlisted at usurious rates that they KNEW their income levels couldn't support because they thought the military would get their money back for them. The whole thing was crap.)
Of course I would have a talk with SGt XYZ about finances and how this wasn't a good idea, but I would NEVER EVER hold them over a barrel and demand they pay the money back. Quite frankly it wasn't any of my business.
I cannot speak for the Navy,
I cannot speak for the Navy, but I can speak for the USAF. Financial responsibility is mandated in the AF per AFI 36-2906 which also outlines actions of Commanders/Commanding officers after receiving complaints.
I will also add that while some regs may be vague like "supporting dependents" in a newly separated situation, what is NOT vague is an actual court order and a member not abiding by his/her court order.
By order, i needed to get
By order, i needed to get involved if a spouse was alleging non support, but not disgruntled ex spouses or random businesses out in town. That's what the legal system is for. Again, YMMV, I just include my experience to say you're not guaranteed that the unit is going to demand, or even have the ability to demand, this sailor repay her debts.
That's funny that the AF was
That's funny that the AF was vague on supporting dependents. That's what we were most specific on. In the absence of a court order, it had to be a certain percentage of their salary, either taken right from the paycheck or the member had to prove, via cancelled checks or whatever, that he was paying at least that amount.
But, this wasn't the Navy, so I dunno. Again, just not sure if contacting the command is the solution. Obviously it would've been in the AF....
The Army is very specific
The Army is very specific about supporting dependents. The entire BAQ or amount equivalent to it can be ordered sans court order... which never made sense to me especially if all parties live off base. How in the heck can a Jr. elisted or anyone really live off base and support two households like that? Not to mention the shock the spouse gets when the money is cut in half by the family court.
The AF "support dependents" is a joke. When a disgruntled wife would call me I would say "do you have a court order? If not, go get one because until then any money you get is considered support." Just because a soon to be former spouse is not happy with the amount does not mean the member has to pay more. JAG can suggest an amount it is never as high as the entire BAH amount. Usually a BAH II/Differential amount.
The biggest problem I had was while ADAF the bouncing of checks, which has now become a non issue. But hot damn, that was the majority of the financial irresponsibility problems. In the late 1990's we establshed a Financial Management Class thru the Family Support Center and it was made a mandatory class upon PCSing into our Squadron. Not sure how effective it was though.