My wife owes me over $6,000 as she has paid nothing toward joint expenses. I’ve had to borrow money to prevent default on financial obligations. My current expenses are about 2.5 times my income. Can I insist that she pays her debt to me before receiving “cash” as PSS, in effect, reducing her debt to me by the PSS amount until her debt is paid? If not, why should I have to borrow funds in order to pay PSS?
I don’t believe that should have to borrow money to pay PSS. If after paying your monthly obligations (including payments on the marital debts), you do not have the ability to pay PSS, and the court finds your monthly obligations to be reasonable, the court may not order any PSS.
I was ordered to pay PSS based on false claims by wife’s lawyer. I didn’t file rule 59 or 60 timely enough to get the order vacated. I’m being charged with contempt by her lawyer because I used the PSS payment to pay down her debt to me – she was paid, but the entire payment went toward paying her financial obligations to me. I had to withdraw IRA funds to prevent financial default while living together (our joint incomes were insufficient to meet expenses). Following separation, I’ve been using borrowed money to prevent default, including personal and joint obligations. Note – I haven’t yet been charging her interest on her debt to me,even though it costs me.
Since I wasn’t present at your hearing and don’t know the specifics of your case, I can’t say why the judge ordered the PSS award that he/she did, but unless the order states that payments of PSS can be offset by debts she owes to you, you are obligated under the order to pay the PSS directly to the other party.