Equitable Distribution of HUGE debt load

North Carolina Divorce Law Divorce and Separation Answers
1

if the debt is all unsecured, like credit cards etc… why bother? sounds to me like you are strapped for cash?? Are you? Just file chapter 7. Orcutt is awesome… I used him after my ex left me the same way, well, i left her in a sense but for good cause.

You will feel so much better afterwards, and my credit, is actually quite good only 3 months our of chapter 7. I truly got my well-deserved fresh start. Email me if you wish to chat more about that. I have been through it and I pay more than the guidelines of CS to my ex-wife voluntarily. ANd she is a total nut-job. But I am working on saving for a custody battle…
varoom35@excite.com

2

Dear The Mommy:

Please keep your questions a little smaller, as I do not have time to read such long posts. Please let me know what the question is as succinctly as possible. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

3

Thank you.

I have $50K of unsecured debt, credit lines for us both, and some just with my name on it, all acquired during the marriage.

He served me for divorce, Guilford Co, on 10/31.
I answered with E.D. of debt complaint, and mailed that to Guilford County to file, and cc’d his attorney, on 11/3/06.

He’s told me that he’s not paying a dime of the debt (add to that, that he’s not paying child support, either).

I’m spending borrowed money on attorney to handle custody suit, so I have to do the divorce and E.D. stuff on my own.

Doesn’t he HAVE to pay half of this, b/c it was acquired during the marriage, and used for both of us (clothing, gas, food, basic household items, anniversary trips, and bill payments for all the times he’d quit a job or get fired).

What is the deadline for me to return the ED forms to Guilford county?

I had to sell the house, and can’t afford a home for keeping the bills up to day and daycare, child expenses, etc, but have a $38K income. I am living with my parents now, and still have to borrow money to pay minimum monthly payments, and now they’re running out of money, too.

I need to make sure he pays his half of what he helped rack up.
And, no, there really is nothing to show for it.
He totalled the truck that I used Home Equity line of credit to pay off, and he “smoked” all of the other money with ciggs and pot.
He has video game after video game, and that’s it.

4

He is entitled to 1/2 the marital assets and is responsible for 1/2 the marital debts. BY LAW. This is just a small section of the statute but it gives you the general idea.
See below:
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5

My husband served me with divorce summons last week.
Found new girlfriend, wants to get married.
Fine … I’d asked HIM to leave until he got “help” with violence and bipolar/manic depression, which he never did.
He said he’s not responsible for 1/2 the unsecured debt he helped rack up during 7 yrs of marriage.
The debt is to the tune of $49K, plus interest for the past year that he’s not helped pay a dime for.
Not paying child support. I sold the house, and lost money on that, and moved in with the folks, just so a foreclosure wouldn’t be on my credit. He threatened to file bankruptcy, and stick me with everything.
He filed for the divorce in Guilford county.
I’m in Wake County.
My attorney helped me fill out the forms to “answer and counter complaint for equit. distribution of the debt”
The plan: I’ll go to mediation alone, and then, if he doesn’t agree to anything, I’ll have to fork over more money to get Guilford county attorney (to save money on travel time incurred, etc).
I’m nervous about that … but I had to save money where I could b/c he threatened that he was suing for Custody, as well, for our 2 1/2 yr old.
I have no money left, and had to come up with a new loan for $2500 retainer for local attorney to handle the Custody.
(Bank almost didn’t give me a loan b/c of the debt load he left me with … yes, most of it is both of our names, or req’d both of our incomes to obtain the lines of credit all during our marriage, but he refused to pay a dime, and knows that I’ll pay to keep my credit clean).
Has anyone ever experienced anything close to this?
Turns out, that I think he was bluffing with the custody part, b/c he’d not filed for anything on that, and maybe he thought if he threatened to do this, I’d beat him to the punch to get it handled in Wake County, and that he wouldn’t have to pay as much for legal fees?
But, I couldn’t put my daugther at risk.
And … to add to this …
I checked background of New girlfriend:
unemployed
3 boys of her own, but never been married.
Last job she had was Cracker Barrel, and quit. She worked at AppleBees before that.
Worked for 4 months in Child Support office, but was fired (don’t know why). This is where they first met, in the spring of 2006, when he was there trying to find out what his rights were.
She claims to have 2 yr degree in legal studies, a few years ago, from community college … so, now he thinks he has a attorney which child support exp. on his side.
She’s been deemed “economically disadvantaged” by the state.
(Now I have to prove that my daugther shouldn’t be subjected to that type of environment every other weekend, and certainly not unsupervised)(and, he’s not asked about her … period, in over 3 months).
Does this sound too far off track?