How Does Debt Work For Divorce? Who’s Responsible For Paying Debt That’s In One Person’s Name And Not The Other
Location: California
My husband and I have lived together for 3 years only married for 1. I found out about his repeated infidelity after 6 months of marriage so I asked for a divorce. Shortly after he lost his job and wasn’t able to afford to move out so I agreed to let him stay until he got a job. Which took several months.
During this time, I struggled to keep up on our bills/rent as I don’t make enough money to pay for everything. We’ve had to depend on food banks to eat and almost evicted twice. We fell behind on rent, gas and electric bill (which are two separate companies), water/garbage and our phone bill. We’re both on our rental agreement but all other bills are in my name only. The total debt is about 3,000.
He just got a job but doesn’t get paid much. His ex wife caught wind of his new job and reported him to DCSS and now child support payments are being taken out of his checks (payments are set at original rate from 4 years ago and are really high amount). So all he is bringing home is $250 a paycheck. Which is not nearly enough to pay off the debt any time soon.
He’s refusing to have the child support adjusted to help me pay our current bills and I’m sick of it. I’m sick of helping and providing for a man that refuses to do more to help me and my 3 kids out. So I’m kicking him out and filing for divorce.
My question is, how can I hold him accountable and force him to help pay off this debt that was created because of HIM? Especially if it’s all in my name. Can this be added into our divorce agreement that he’s required to pay at least half of it? Would the money go straight to me or would he have to make the payments towards the companies directly? I also want to add incase it’s important, I make significantly more money than he does. Will this affect anything?
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