Ex-husband suing me for bills...

[NPinks]

Long story short...
My husband left me and my kids back in early February. I had been a stay at home mom for years and now was faced with trying to supprt my kids with no income. We agreed on an amount of child support which was not enough to pay all of the bills and take care of my kids too. My ex received all of the bills at his new residence so he would pay them and I would pay him back when I had the money and yes, that helped me out a little because it gave me more time to get the money. Anyway, here it is July, I get a summons to go to small claims court for the amount of ALL of the bills from February through July when I moved out of our home. He is claiming that I never paid him the money for the bills (I would pay him cash and stupid me didn't have him sign anything showing the bills were paid by me) and the amount is now over $1,000.00!!! I am currently seeking employment and he knows that I Don't have the money to pay these again. But I have no proof that I paid them in the first place. He is being totally vindictive here because he didn't think that I would get a divorce after he left. Yes, we are dealing with a mental midget here, he is about as immature as you can get. What do I do in this situation???? Can I fight this? HELP!!!!

 

[army judge]

Yes, you can defend. But, based upon your story, you have no proof. The mental midget, on the other hand, was smart enough to retain his proof. Without proof, you'll lose.

A judge might see what the mental midget did as emergency spousal and child support. That is your best argument, absent any receipts proving you repaid the mental midget.

Also, if the bills are in his name, the court might see the payments as his responsibility. Again, that is an argument you can make.

He knows you can't pay. He's probably trying to use the judgment as an offset against future support payments.


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[NPinks]

I forgot to mention one important thing in my previous post. When he left, we signed an agreement that he would pay me "x" amount of child support and I agreed to keep up the bills on my end. Could that be used against me? Especially since I have no proof at all that I paid him cash???

 

[mightymoose]

Is your divorce final?

It is possible the judge will recognize he was not paying a reasonable amount of support and order him to suck it up.

The agreement you signed doesn't help you in this case, but the whole thing will depend upon how a judge weighs it all.

Even if the judge orders you to pay, everyone already know that you don't have the money and have to care for the kids... the judge will likely order you to get a job immediately and send you both through mediation to arrange for formal child/spousal support and visitation orders that can be enforced by the court.

 

[NPinks]

We have support orders that were signed by the judge at the divorce hearing. I am just worried that I am having such a difficult time finding a job and I can't really afford to re-pay these bills.

Thanks to everyone for the information!!!

 

[army judge]

I forgot to mention one important thing in my previous post. When he left, we signed an agreement that he would pay me "x" amount of child support and I agreed to keep up the bills on my end. Could that be used against me? Especially since I have no proof at all that I paid him cash???

Yes, it could.
But, the argument you should make is against the bills that are in HIS name.
For example, let's say that you paid four bills: electricity, telephone, cable, and alarm services.
Let's say the cable and alarm services were in BOTH names, and the telephone and electricity were in HIS name.
You could make the argument that you aren't responsible for paying HIS bills.
That could lessen the judgment he MIGHT ultimately receive!

If you can get your hands on ANY receipts, that helps you.
Why not ask the cable, telephone, water, etc... companies to provide you with PROOF of any bills you paid in cash.
They have records of such payments, even if you don't!

 

[NPinks]

I wish that I could get proof of payment in cash. The bills were in his name only. When he moved, he forwarded all of his mail so the bills went to his new address. When he would get the bills, he would pay them and tell me how much they were. I then turned around and reimbursed him in cash. That is where I made the biggest mistake of my life!

 

[irish223]

I'm curious how you managed to get divorced so quickly if you began proceedings after he left you in February. Did you have a lawyer?

Also, how was the agreement to repay for bills worded?

 

[NPinks]

Long story short, he agreed to everything that I asked for, including me having sole legal custody of the kids. I just moved to Illinois from Georgia after the divorce and maybe in Georgia things move a little quicker than in Illinois? But yes, it was quick from beginning to end.

The agreement was something that I typed up stating that he was going to pay me "x" amount of child support every week and that I agreed to keep up the bills at the house. That was really it. We signed it but didn't get it notarized, not that that makes a difference.

 

[army judge]

Long story short, he agreed to everything that I asked for, including me having sole legal custody of the kids. I just moved to Illinois from Georgia after the divorce and maybe in Georgia things move a little quicker than in Illinois? But yes, it was quick from beginning to end.

The agreement was something that I typed up stating that he was going to pay me "x" amount of child support every week and that I agreed to keep up the bills at the house. That was really it. We signed it but didn't get it notarized, not that that makes a difference.

If you agreed to it, but it wasn't part of your divorce decree, he screwed himself.

If the court didn't order it, you don't owe it.

Your defense just got simpler.

He's responsible for half (if not more) of everything prior to the divorce.

The document you both allegedly signed is of no legal significance.

No legal duty attaches to it for either of you.

By the way, you now live in GA.

Does he still live in IL?

He can sue you in small claims in IL, but you don't have to do a damn thing.

You don't have to go to IL.

An IL small claims court judgment will be useless in GA.

Tell me the mental midget is trying to sue you in small claims via an IL small claims court!

If so, all of this chatter has been useless.

He will win, but won't ever get a dime.









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[NPinks]

No, he is in Georgia and I am in Illinois now. So he is suing me long distance?!?!? He is threatening to make me pay his travel expenses and everything!

 

[army judge]

No, he is in Georgia and I am in Illinois now. So he is suing me long distance?!?!? He is threatening to make me pay his travel expenses and everything!

Does he plan to travel to Illinois to file the small claims case?

If he does, he travels at his peril.

If he wins, he can't (and won't) get travel expenses.

Don't tell him otherwise, just keep that to yourself.

In the interim, STOP communicating with him.

He has to travel to Illinois to sue you.

Before that, he has to have you served.

Before that, he has to file his case.

Once you're served (if that ever happens), you'll have time to answer.

If you do, just deny each and every allegation.

That'll force him to prove his case.

He can't make you pay anything.

Even a judge can't make you pay.

Small claims judges don't have that power.

All he'll get (if he gets anything) is a judgment.

He'll then be forced to try and enforce that judgment against you.

To do that, he'll have to spend time in Illinois (at his expense, not yours)!

As I said stop communicating with him. Stop responding to his threats and bluffs. He has no case that should worry you.



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[NPinks]

Does he plan to travel to Illinois to file the small claims case?
He did it through the Georgia clerk of court who then sent it here to the clerk of court in this county.
If he does, he travels at his peril.

If he wins, he can't (and won't) get travel expenses.

Don't tell him otherwise, just keep that to yourself.

In the interim, STOP communicating with him.
The only time that I talk to him is when it involves the kids. Unfortunately it turns into a major argument about something or another.
He has to travel to Illinois to sue you.

Before that, he has to have you served.
done
Before that, he has to file his case.
done
Once you're served (if that ever happens), you'll have time to answer.
And how do I go about doing that? Do I have to pay for that?
If you do, just deny each and every allegation.

That'll force him to prove his case.

He can't make you pay anything.

Even a judge can't make you pay.

Small claims judges don't have that power.

All he'll get (if he gets anything) is a judgment.

He'll then be forced to try and enforce that judgment against you.

To do that, he'll have to spend time in Illinois (at his expense, not yours)!

As I said stop communicating with him. Stop responding to his threats and bluffs. He has no case that should worry you.



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Thank you so much for all of your information today!!!

 

[army judge]

Thank you so much for all of your information today!!!

You're welcome.
By the way, he's lying.
The process doesn't work that way.
He has to initiate his suit in Illinois.
A Georgia court won't forward civil suits to other states.
It doesn't work that way.



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[NPinks]

I was served by the sherrif here in Illinois. He got the paperwork from here in Illinois and had it notarized by the clerk of court in Georgia. Apparently that was mailed to the clerk here in Illinois and then it went from there...