My ex husband destroyed my credit, and hid all of our assets beforehand. He even foreclosed on our home, which was awarded to me and the children in our divorce. I got left with all of the marital debt....totaling nearly $180,000. I have two small children, and am only capable of earning minimum wage. I don't even have Daycare. I have a grant to return to school, to better my earning capacity....but I cannot take advantage of it, as I work three jobs currently. To make matters worse, he changes my address frequently to his...and my mail gets diverted to him. He will even contact my creditors and let them know my personal info, like bank accounts and my current address! Help, it's been ten years, and I cannot get ahead at all!
If you can prove that he changed your address with any company changing your address to his he has committed a crime. I would call the local police non-emergency number and discuss this with them. Alternatively I might also inform you to contact the U.S. Postal Inspector's about this. Diverting your mail to his address (and opening it) sounds like identity theft and other criminal offenses which I cannot investigate. If he has done this he has crossed the line, but you must have solid evidence to prove it. You could seek sanctions and also file a criminal complaint.
You need a good attorney, my question would be how did you get socked with all the debt, the children and the need for three jobs. Are you not getting maximum child support? It certainly sounds like you should be.
Have you contacted the Child Support Enforcement Agency? If you have not you may want to if it has been 3 years since the divorce.
Unfortunately you may also want to consult a bankruptcy attorney as the burden of the debt you are facing appears insurmountable based on your financial information. Bankruptcy may set you free. Have you been paying on the marital debt and why? This does not seem right and maybe your past attorney did a disservice to you and may have committed malpractice (I don't know).
I would talk to your divorce lawyer about support payments. I would not work three jobs under the circumstances. You need to find a good lawyer (who cares) and go after your ex-husband in court. He appears that he can out spend you. But his assets (if substantial) should be sought. Your attorney should be able to subpoena his financials because there is always a trail to follow to hidden funds. You should have your attorney reopen the case and subpoena all his business records and any accounts he has. This information must be disclosed. If he has hidden assets there is evidence supporting it, but it would require the use of a forensic accountant or similar expert which costs money. But if he has stashed cash legitimately it can be found. If it's in a safe in his closet it will be more difficult. The money he receives must be followed, a good attorney can get the answers in asking how much he made and then requesting an accounting of funds.
You may need to reopen your divorce case and get an aggressive attorney who will fight for you and then seek attorney fees from your ex-husband for investigating and prosecuting your interests. If you can find hidden assets you should. The Court does not appreciate such activity and will hopefully award you attorney fees based on the conduct and disparity of income.
Unfortunately some attorneys will request a retainer and bleed you dry. You should take some matters in your own hands and become familiar with divorce law. I would inform you that you can do a lot of this without an attorney. If you do your homework and appear pro se you may garner favor with the court as I am sure your husband will have an attorney. If you present a David and Goliath scenario the court will see it and hopefully give you some relief.
You may want to look at the Cuyahoga County Domestic Relations web site which provides forms that can be adapted for your use.
I agree with the prior answer. The details of this matter need to be teased out to see exactly what happened in your divorce and what actions can be taken now. As to debt, I think your ONLY option is to consult a bankruptcy attorney. As to what happened in the divorce, it may be to late to deal with that issue. As to support, I agree, you may need to look at modifying support to make sure your child support is fair. If he is working under the table it MAY be difficult to show his income. A private investigator may be able to show his pattern of "work". If that happens, and the court allows the evidence to be introduced they MAY impute income to him and based on his conduct the court MAY award attorney fees to you as a result of his actions.
Get free answers from experienced attorneys.
31,014 answers this week
3,139 attorneys answering
Get answers from top-rated lawyers.
31,014 answers this week
3,139 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary