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When splitting debt, do I have right to info of purchases resulting in this debt?

I live in a community property state. When dividing assets and debts, how much info can I get on these debts?  My stbx has changed the billing address of our cell phone and credit card bills, of which he is the primary account holder, to his PO Box.  He has been adamant about not allowing me to access these bills.  If I am to pay for half our debts, am I entititled to see the details of these debts such as the specific calls made and what purchases were made on the credit cards?  He has since cancelled my credit card (where he is the primary account holder) and removed me from the cell phone plan (where he is the party responsible for payment).  I still get emails from the cell phone company announcing the balance due and requesting payment online, I imagine he does too.  But I have no access to the statement itself nor the phone numbers called to incur these charges.

by sy   34 Posts 
Posted on 9/6/2008 2:39 AM
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Answers for "When splitting debt, do I have right to info of purchases resulting in this debt?"  (6) (You must be logged in to answer)




Please advise.  My lawyer just informed me she no longer will be representing me in my divorce case.  I believe this stems from my insistence on appearing in court and on persuing complete discovery of stbx's financial information.  He did provide general account info such as one or two month's billing statement.  The name of the bank where his personal account currently is but no info on what kind of account, when it was opened or what the balance may be.  My mistake was to have agreed, at her insistance, on temporary (?) support based on this lack of complete discovery.  She threatened to withdraw herself then as we negotiated with stbx's counsel outside the courtroom prior to the time of our appearance. Can she do this without the judge's OK? I don't think I want her to continue representing me but I don't want the judge to think it was my idea, as she is my second lawyer (my first had health issues). It is almost 6 mos. into the process. Thank you for any input.
by sy   34 Posts
Posted on 2/15/2009 5:39 PM
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Please advise.  My lawyer just informed me she no longer will be representing me in my divorce case.  I believe this stems from my insistence on appearing in court and on persuing complete discovery of stbx's financial information.  He did provide general account info such as one or two month's billing statement.  The name of the bank where his personal account currently is but no info on what kind of account, when it was opened or what the balance may be.  My mistake was to have agreed, at her insistance, on temporary (?) support based on this lack of complete discovery.  She threatened to withdraw herself then as we negotiated with stbx's counsel outside the courtroom prior to the time of our appearance. Can she do this without the judge's OK? I don't think I want her to continue representing me but I don't want the judge to think it was my idea, as she is my second lawyer (my first had health issues). It is almost 6 mos. into the process. Thank you for any input.
by sy   34 Posts
Posted on 2/15/2009 5:39 PM
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You have to request them in discovery when you file with the court.

 

If they are in his name, and you have nothing filed in court, then don't worry about paying them until a judge tells you otherwise. He apparently has chosen to take on the burden, so let him. This is what your mediation session will be for.

 

Get your own cell phone, stop using the joint one.

by spaznskitz   7745 Posts
Posted on 9/6/2008 4:40 PM
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My ex and I shared a cell phone acct. I went to the company and explained the situation to them and requested that I be allowed to split from the account.  It took awhile and many phone calls from both the company and myself to get him to go in and sign to let me out of the account. He eventually  did go in and sign, I think he got tired of me nagging.   I now have my own account.  You could also access your account on line.  I have been able to do that almost from the beginning. I also had to make several calls to get his name off my half of the account.  I would call someone and his name would come up on caller ID.  That was a real bummer at times especially if I was calling a gentleman friend. I called all the credit card companies and took my name off the ones that I could or closed the ones that I could that were in my name.   Between all the bills we ended up figuring out what he would be responsible for and I would be responsible for.  The only one that we owe 50/50 on still is the short sale of our home and we are battling that out now as I type this.  That is another looong story.  I firmly believe that one should hire an attorney when divorcing.

by melaine   425 Posts
Posted on 9/6/2008 1:31 PM
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I'm from New York, have you filed for divorce yet? You will probably be responsible for any and all debt up to the moment you file for divorce. My attorney requested all credit card bills to make sure that I had benefitted from any or all purchases. Even though I never used the card it was still marital debt, she ended up negotiating for a portion of the bill and we split the remainder of the bill in the divorce agreement. If you are looking for signs of infidelity you may find it but you shouldn't be responsible for paying for it. I recommend that you have good legal counsel. Good luck!
by mominny   219 Posts
Posted on 9/6/2008 9:57 AM
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If you are not the account holder, the companies won't give you any access.  I think the attorney would have to subpoena them for you if he won't willingly turn them over.  But it sounds like you're looking for proof of infidelity maybe, and if you live in a community property state, that makes no difference.  You can just request that each be responsible for their own purchases on the card, and detail what purchases were yours.  I think the cell bill is a monthly access charge, so it doesn' t matter what numbers are called, because it's usually not billed on a call by call basis.  So they'd probably split that total down the middle if there's a past due payment.  If you're no longer using either, you're not responsible for any charges made after your access was taken away, from what I understand.
by elane   348 Posts
Posted on 9/6/2008 2:52 AM
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