Assuming your judgment of divorce or settlement agreement awards you a share of the 403(b) account, you will likely need a Qualified Domestic Relations Order (QDRO) to receive your funds. Seek out an attorney in your local area who handles QDROs.
in a joint account the responsibility of both spouses? What I am asking is my spouse that I am divorcing also responsible for the remaining balance, maybe the original balance since all payments of the loan to date have been taken out of my paycheck. The loan was used by both parties for home... Read more »
My mom has gotten deeply indebted to Discover CC mostly by them tacking on about $500.00 a month in interest. She is 80 years old and on social security. She has paid them thousands and thousands trying to get this paid for years. They just keep tacking on the interest and have driven up the total... Read more »
She can be sued, the question will be whether the creditor will be able to collect anything from her. That will depend largely on what assets she has, and her state's laws. Consider seeing an attorney to determine whether she can be considered "judgment proof".
No, while that is one of the grounds for divorce, nearly all divorces now proceed under the so-called "no-fault" ground of the irretrievable breakdown of the marriage over the past 6 months. You do not need to first get a separation to begin the divorce process.
Payments were made from my sole account. After we broke up , she now wants to surrender the truck to the lender (loan in her name). Can I take her to small claims court to recoup the monies paid towards the loan as I now have equity in the vehicle ?
If you make a purchase with no intent to repay it, the creditor can make a case against you for fraud. In the bankruptcy context, this means that the creditor may be able to have that debt declared nondischargeable, or you could be denied your discharge entirely.
Child support in New York State continues through age 21, unless it can be shown that the child is emancipated. Clearly, emancipation is not a factor in your situation. Unless you signed an agreement that provides otherwise, your child support obligation will continue until he turns 21.
The costs of bankruptcy vary, even in a specific geographic area. You should contact bankruptcy attorneys in your area to request an estimate of their fees. You can use the "Find a Lawyer" tab on this site, or you can search on the NACBA (National Association of Consumer Bankruptcy Attorneys)...Read more »
After our house sells, my wife and I will be divorcing. I have to obviously get an apartment, but I will have to file bankruptcy most likely after we split. A lot of debt that causes me to live paycheck to paycheck as it is now with 2 incomes. My questions are should I file before or after getting... Read more »
Whether the amount of your housing expense will have an impact in your potential bankruptcy case can be determined by a full evaluation of your income vs. expenses. There is no one answer. It is not too early to seek a bankruptcy attorney who can guide you at this stage.
I have a few Finance company loans with outrageous interest I need help deciding between bankruptcy or consolidating?? I have 1 income 4 kids I work full time and bring home around $700 weekly. I do have a car payment I wouldn't want to put that in with the bankruptcy or debt cons. If I filed... Read more »
The best way to resolve your confusion is to make an appointment with an experienced bankruptcy lawyer in your area. Many bankruptcy lawyers offer free consultations. Bankruptcy does not ruin you financially for life, many individuals who file are able to reestablish their credit relatively...Read more »
You should file a support modification petition in the Family Court, the sooner the better. Forms should be available at the court, and also online at the New York State Unified Court System website. You probably want to file a custody/visitation modification petition as well.
I filed a motion to preclude which was denied without prejudice. I filed an order to show cause for contempt, focusing on the Plaintiffs disregard for automatic orders, specifically failure to comply with discovery, and hiding comingled money. Per the courts public record, the Judge issued a... Read more »
There is no right to a jury trial in New York for divorce, except for the limited issue of the grounds for divorce, and even that is in question now that the primary ground for divorce is the irretrievable breakdown of the marriage (no-fault).
One of my Christian friends lied to me that she wants to pray for me then she asked me to repeat some words and asked me if i want to be God's daughter and i thought it's a part of pray and accepted. Also English is my second language. Then I've realized it's a pray for becoming... Read more »
Possibly, it depends on the type of debts that you have, and could also depend on when you incurred them. An experienced bankruptcy attorney in your area can review your debts with you to determine which debts can be discharged in bankruptcy.
Potentially yes, but this can be complex as there are more factors involved than what you included. You should see an experienced bankruptcy attorney in your area. You may need to obtain the tax transcripts for any years that taxes are owed for your attorney to analyze it.
As in most areas in the legal system, you can proceed with filing a bankruptcy without an attorney. There are serious pitfalls in doing so, as you may needlessly lose assets by failing to apply the exemption laws properly or by failing to use exemption planning prior to filing; you may not fully...Read more »
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