Joint Debts

Do you have a separation agreement?

You can persue child support at any time. If you have an agreement for division of bills and he’s not abiding, you can sue for breech of contract.

No, I drafted an agreement but he tore it up. I am in the process of trying to retain an attorney because I don’t think he is going to be civil about this.

Sounds that way. Keep persuing the lawyer

Legally, I’m not sure how the bankrupcy plays in the repayment plan you have SINCE you don’t have an agreement.

If you are living separately and you are expecting him to pay utilities / phone and what not, I don’t think he has to do that.

If you make less than he does (and have during your marriage), I would think you would be eligible for support.

File for Child Support ASAP. He can’t get out of that one.

The bankruptcy payment is a marital debt and as long as you are not divorced and have not resolved ED then you can pursue an equitable division of this debt. If he earns more money than you and you are dependent on him to meet your expenses then you may be entitled to receive alimony.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
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Charlotte, NC 28262
Main Phone: (704)307.4600
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Durham, NC 27713
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My husband and I are separated and he is refusing to pay any type of child support or spousal support. Back in 2005 we filed Bankruptcy together. The bankruptcy payment is garnished out of my paycheck and he took care of all the other household bills. Since he is now refusing to pay ANY of the household bills, do I have any legal recourse pursuing spousal support from him or pursuing him for half of the bankruptcy payment?