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I've paid off most of debt but she wants more?

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Latest post Mon, Dec 5 2016 8:00 AM by karen2222. 2 replies.
  • Mon, Dec 5 2016 2:38 AM

    • nkauffman
      Consumer
    • Not Ranked
    • Joined on Mon, Dec 5 2016
    • PA
    • Posts 1

    I've paid off most of debt but she wants more?

    Pennsylvania divorce. We separated with intent to divorce in Jan. She moved out in March. Divorce was filed in July.

    I have paid off a loan, credit card, and a home depot card totalling around $12000 in debt. I have also traded in 2 vehicles for another 2 vehicles. She still wants anther $4500 for her Roth IRA (taken out to use on the house), and half of the equity in our home (total equity would be around $15000 so half would be around $7500). We are still in the divorce process and have only sent her lawyer our original agreement which is unsigned. If this were to go to court, would the marital debt I've already paid off, and with the vehicles, is it likely that she will be able to take more money?

    She goes to college, collects military disability and my child support. I have a full time paying job and military disability.

    Her income (excluding child support) is $18000

    While mine is $90500

    In my head, including the vehicles, I have removed about $48000 in marital debt. I do not have those vehicles anymore. I know I traded them in and now have other vehicles, so I'm not sure how that part plays out as I'm still the one making the payments.

    Also, when she moved out, I took over all payments for every account we had. She has not paid a penny towards the debt, vehicles, or mortgage since then.

    So my question is, is it even possible the judge would award her more money?

  • Mon, Dec 5 2016 5:56 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: I've paid off most of debt but she wants more?

    IT is likely worse than you post and you stand to get zero credit for marital debt you were not under a legal duty to,pay at the time ......and your paying joint debt doesn't get you more than brownie points ...at least as posted....

     

    what may be missing is her earning capacity if she were  not in college  or capacity after she finishes. 

     



  • Mon, Dec 5 2016 8:00 AM In reply to

    Re: I've paid off most of debt but she wants more?

    nkauffman:
    So my question is, is it even possible the judge would award her more money?

    Sure, it's possible.  The divorce-court judge has wide discretion to come up with a division of property that is his or her opinion of "fair."  See this helpful discussion of divorce in PA.

    nkauffman:
    In my head, including the vehicles, I have removed about $48000 in marital debt.

    But did you use marital money to do so?  Where did the money you used to pay off these debts come from?  If it was marital money, then all you did was use a marital asset to retire marital debts.  On the other hand, if you used your own separate money (money you had before you married her, or money you received as inheritances or gifts) to pay off marital debts, that would have been a big mistake, since your using that money in that way makes it look like you intended to convert it to a marital asset.

    Do you have your own divorce attorney?  You should be able to hire one just to advise you, at least for now, without running up a huge bill.  I recommend picking one who practices in the court that has jurisdiction over your divorce, since such an attorney would be familiar with the fairness opinions of the judges that might rule on your case.

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