Legal Question in Civil Litigation in Florida

My husbands ex wife has applied for financial aid for schooling and has given false info( our last name-she is remarried ) and our address (she hasnt lived here in 19 yrs) She has taken out credit cards previously using my husbands ss#. She basically got away with it since the credit card company wrote it off and cleared from liability. But now I am sure she is pulling something again... what can I do to stop this, is there a type of restraining order to put against someone from using all or part of your personal info so that if she does this again we can file charges against her. It is terrible to always have to wonder what she will pull next. The divorce decree states neither party will incur debts to the other, but she has done this in the past and I dont want her using us as a way to get financial aid. How can I stop this from reaccuring


Asked on 7/25/09, 7:38 am

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You should ask this question to a Family Law attorney.

The ex's actions are completely unacceptable. I think the best way to address the problem is for your husband to haul her back into court to enforce the divorce decree. This is also clearly a criminal issue, but rather than pressing charges, it is probably better to address it civilly first if at all possible. I don't think you can get a restraining order for a potential action which is not imminent, but even if you did, her failure to follow the restraining order would leave you right back in the same position - i.e. family court or criminal court. I know you don't want to address the issue after the fact, but there is little a court can do to actually prevent damage from occurring.

A family law attorney will have a better answer.

Best of luck.

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Answered on 7/25/09, 7:53 am


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