My husband and I were scheduled to be in court for an interim distribution hearing. He had hired an attorney and then fired him and hired a different one. So the hearing has been rescheduled twice now. If the judge states that he is responsible for his share of the bills and he defaults on his payments, what recourse do I have? I have been out of the home for the past 3 months, but have paid all of the household bills to include the mortgage, utilities, and his car payment (although the loan is in my name), with assistance from my parents. He is stating he wants nothing to do with the house or the car, which would leave me stuck with continuing to pay on things to preserve my credit. I can’t afford to pay all of the bills. We have two children who are living with him and won’t see me because they are angry with me for having to leave an abusive situation. I have told him I feel that the money I have paid out to maintain his household should be considered my child support for the next several months. I have paid $5500 for the past two months and will now likely have to pay this months bills. Am I correct in assuming that about putting the $$ I’ve paid so far towards child support payments? He said his attorney thought that was ridiculous. Any thoughts you have would be appreciated.
I do not think that you assertion that the mortgage and car payments are going towards your child support obligation is ridiculous in the least. With out your contributions your children might not have a place to lay their heads at night. From the facts you list it seems this contribution is as much as yu can handle until such time as the marital debt service can be apportioned at the interim distribution hearing.
Thanks Erin. What about the question about what recourse I will have if he defaults on his share of the loans?
If he his ordered to pay certain debts and loans and fails to comply you must make a motion to have him held in contempt of court. A judge could order him sent to jail if he continues to refuse to comply.