I was divorced in October of 2013 and recently was summoned concerning several medical bills in my ex-wife's name that came about during our...

Question

I was divorced in October of 2013 and recently was summoned concerning several medical bills in my ex-wife's name that came about during our 3.5 year marriage. She agreed in our divorce settlement to pay all of her medical bills and specifically these bills. She is being Summoned as well and says she does not plan to show up. What is likely to happen?

Mike

Answer

If she does not appear, and you file an appearance, an order of default will be entered against her. The divorce judgment does not extinguish your liability for your wife's medical bills. So they can sue you. Try to persuade the creditor to take a judgment against your wife and tell them where her assets are so they can collect the money owed them. There is a chance they will let you go. Small chance but chance. You could go to divorce court and ask that your ex be held in contempt for not paying the bill.

Ex husband was ordered to refinance house removing my name of mortgage and to assume all debt. I signed the paperwork stating that he had fu...

Question

Ex husband was ordered to refinance house removing my name of mortgage and to assume all debt. I signed the paperwork stating that he had full rights to the house and was legally responsible for all debt. Now he isn't paying the mortgage is looking into bankruptcy and the house is in foreclosure. The mortgage company never contacted me so I thought it was all handled until I got my credit report and it was showing up on my credit along with his credit cards that I was never on in the first place, so he has also added me onto those.

Answer

And your question is????

Regarding the credit cards, if you were a joint card holder and co-applicant for the card then as between you and credit card company you are liable. If you are just an authorized user on the accounts, you can get removed and have the accounts removed from your credit report.

Regarding the mortgage, if your name is on the mortgage then you are liable. Since you signed over your rights, you now longer own the home. What do you want to do? You can either not pay and let the house be foreclosed on. This may expose you to any potential deficiency if the bank has pursued this (GA has a requirement about this - the bank has to bring a special proceeding and get the sale price confirmed before it can seek deficiency).

Or, you could (depending on the language in your agreement) go back to the family court. You would have to work out some kind of deal with the bank to stop the foreclosure first but you then could go back to family court and see if the court can do something else - maybe award you possession of the home so that you could sell it. You could also seek to have your ex-husband held in contempt for not doing what he was supposed to have done. If you are liable on the credit cards then you again will have to make some agreement with the credit card issuers but this will make the case stronger for the judge to reassign the house to you solely so that you can sell it and use the proceeds to pay off the mortgage and credit card debts and maybe get the ex-husband to pay you for the damage he has caused.

Answer

First of all, I hope you checked your credit report prior to the divorce. I recommend that all of my clients do this as they often are surprised by what they find. If you didn't check the report, it is possible you were listed on the account prior to the divorce. If you were listed, these debts should have been resolved at the time of the divorce. I suggest you contact each company and request a copy of the application or other documentation showing when you were added. If it isn't your signature and you had no knowledge, you may be able to contest it with the company. If the credit card is showing on your credit report, the company obviously considers you a responsible party.

Secondly, in my agreements I always provide for contingencies if the person remaining in the marital residence fails to timely pay the mortgage. There should also be a clause wherein your ex indemnified and held you harmless. At this point you need to contact the mortgage company and find out the procedure to get the residence out of foreclosure. You can file a motion for contempt for the provisions in the agreement which your husband has failed to honor and possibly file to take over the house. Without knowing the exact language in the agreement/order, it is difficult to fully respond. I suggest you speak with an attorney prior to proceeding.

What is the law and punishment on possesion of crack cocain in a vehicle if both codefendents deny ownership,even if the said was found unde...

Question

What is the law and punishment on possesion of crack cocain in a vehicle if both codefendents deny ownership,even if the said was found under driver and vehicle owners seat

Answer

The driver and owner of the vehicle might well be convicted of the charge(s) based upon the legal theory known as "constructive possession" whereas the co-defendant occupying the passenger's seat might well be acquitted (if the matter were to go to trial---in my opinion).

Which is a better option as far as the tax implication:I have key man insurance where the business received the proceeds after death to then...

Question

Which is a better option as far as the tax implication:

I have key man insurance where the business received the proceeds after death to then pay the estate for my shares of the business stock. OR should I have life insurance where the proceed go directly to my wife? Who and where is the higher tax consequenses?

Answer

So, what would these shares likely be worth on the date of your demise and

how could anyone really know for sure?

Assuming the above to be essentially unanswerable, the life insurance option payable directly to your wife would seem like a "no brainer", so to speak (my opinion).

In regard to question #2 , I haven't a clue.

Answer

Dear Sir/Madam,

An experienced business law/tax attorney should be able to handle this type of matter. I handle this type of matter. I have 30+ years of experience and further information about my tax/law practice is at www.beatsonlaw.com

Please call or e-mail me if I can help you now or in the future. Thank you.

Sincerely,

Bob Beatson, 11-25-2013, 11:05 p.m. EST

---

Law Offices of Robert Beatson II

9818 Glynshire Way

Potomac, MD 20854

Tel/Fax 301-340-2951

email: [email protected]/* */

website: www.beatsonlaw.com

Practice areas: Tax, business law, computer/high tech/biotech law, intellectual property, trusts/estates/wills, real estate, civil litigation, mediation.

Licensed to practice law in: DC, MD, VA, and NY

ABA Member since 1980

I was married in Houston, Texas in December 2013. The wedding officiant did not submit the marriage license to the Orange TX County Clerk to...

Question

I was married in Houston, Texas in December 2013. The wedding officiant did not submit the marriage license to the Orange TX County Clerk to be recorded. The officiant did not respond to calls, voice mail, or email. After 30 days, in January 2014 I was remarried in a different county in Texas by a justice of the peace to make my marriage legal.

My question is if I will be successful in suing the officiant in small claims court for the amount of increased 2013 tax liability($2000) and for the cost of the justice of the peace wedding ($100). Would I file lawsuit in Houston where I was married by the officiant or Orange, TX where the marriage license was issued and recorded?

Answer

Don't sue anybody. You got married in December. Forget about the license.

File your taxes for 2013 as "married." The IRS isn't going to ask to see a license.

After accepting a deal on a criminal legal case, how long does the person have to change their mind?

Question

After accepting a deal on a criminal legal case, how long does the person have to change their mind?

Answer

One needs permission from the court to change one's plea. If you have an attorney you should discuss it with the attorney. If you do not you may discuss it with the judge. If you do not have a future court date you will have to have the clerk's office put it on calendar. In any case it should be done as soon as possible.

Answer

You can't just change your mind. You would have to file a motion to withdraw your plea and have a legal basis to do so. That motion must be filed within 180 days of the sentencing and granting of probation.

You'll definitely need an attorney to have any chance to succeed. Keep in mind that if your motion is granted, you'll be right back to square one & may not be offered the same deal as before, so discuss whether you really want to with your attorney. You should weigh out what would happen if you were able to withdraw your plea and what may happen if you went to trial and either won or lost...

Again - all things to discuss face to face with an attorney.

Please pardon any typos - posted via mobile device.

In California, can you claim any portion of legal fees that were paid for custody issues? I have an ongoing custody case that started about ...

Question

In California, can you claim any portion of legal fees that were paid for custody issues? I have an ongoing custody case that started about a year ago and is still going. There is nothing else involved, no divorce, no alimony..just custody. This has proven to be very expensive and just wanted to know if any of the cost could be claimed on my taxes?

Also, I understand that since I am the non-custodial parent, I cannot claim my son on my taxes. Does this still apply even if the custodial parent has been unemployed for over 3 years now and unemployment benefits ended more than a year ago?(I am asking because the custodial parent has NO income for the entire year, would I be able to claim our son since I work?

thanks for your help!

(I am in California)

Answer

1. No. Personal legal fees are not deductible.

2. There are only two ways you can claim the child, either you have >50% custodial time, or the custodial parent agrees to give you the deduction. In the income situation you describe, it is usually beneficial to both sides for the custodial parent with no income to give up the deduction, because it increases the child support you owe, AND reduces your taxes by more than the child support increases, so it's a win-win.