Texas Question

[ONSTAR]

Mike has been separated for almost a year. His wife filed for divorce after he gave up his business and started working for a major company a few months ago. She would not work in the ten years they were married, but recently went to work. He's been trying to sell their home ( the loan is only in his name) but she refused although the mortgage company has moved with forclosure proceedings twice so far. Mike's attorney is in another city (where the divorce was filed) and he's never met him. Apparently, there was a hearing scheduled that he was unaware of - being told by his attorney that it would be rescheduled. The hearing took place and Mike was not there. Because of that, many untruths went unnoticed and he was ordered to pay spousal sipport to the tune of $1300 per month for 4 months as well as $5000 for her attorney. All credit, including the home, utilities, credit cards, etc. are in his name and she is using them and not paying the bills, thus ruining his credit.

His attorney, after being questioned about the hearing, stated that he should be glad he wasn't there - they might delve into his income (makes about $4000 net monthly) and would have to pay more?????

Is there any legal relief from this? Can she keep using his credit and destroying it?

 

[Michael Wechsler]

I'm sorry to hear about the situation. Unfortunately we really don't have enough facts for me to feel be able to make a good contribution to thought. I'm not sure what the custody arrangement was but if all he has to do is pay $1,300 for 4 months and $5K for the attorney and they split the sale of the house, then I do think something is off or he may be fortunate that support wasn't ongoing. Regarding credit - why doesn't Mike cancel the cards if they are in his name and get new ones? Seems strange to me and perhaps we just don't have all the facts here...

Mike has been separated for almost a year. His wife filed for divorce after he gave up his business and started working for a major company a few months ago. She would not work in the ten years they were married, but recently went to work. He's been trying to sell their home ( the loan is only in his name) but she refused although the mortgage company has moved with forclosure proceedings twice so far. Mike's attorney is in another city (where the divorce was filed) and he's never met him. Apparently, there was a hearing scheduled that he was unaware of - being told by his attorney that it would be rescheduled. The hearing took place and Mike was not there. Because of that, many untruths went unnoticed and he was ordered to pay spousal sipport to the tune of $1300 per month for 4 months as well as $5000 for her attorney. All credit, including the home, utilities, credit cards, etc. are in his name and she is using them and not paying the bills, thus ruining his credit.

His attorney, after being questioned about the hearing, stated that he should be glad he wasn't there - they might delve into his income (makes about $4000 net monthly) and would have to pay more?????

Is there any legal relief from this? Can she keep using his credit and destroying it?

 

[ONSTAR]

He was told by his attorney that he could not cancel anything (including credit cards, cable bills, etc) nor could he call and tell creditors to cancel or transfer to her name. There is no custody involved - no children. She's trying to keep the house although she will not be able to get a loan and cannot afford the payments. What other information do you need?

Isn't it his right to cancel credit in his name only and stop it from being used?