Legal Question in Criminal Law in Indiana
loan question
My husband and I are getting a divorce and I signed his name to a loan with his permission(verbally) about 3 years ago. We paid off the loan through our business. He know says I committed fraud against him and that he will seek criminal charges against me unless I waive my right to child support. I don't have alot of money for attorney, but I will rely on the child support after the divorce.Can he really do this to me? I feel like I'm being blackmailed for doing nothing wrong. Any answers would be great Thanks
2 Answers from Attorneys
Re: loan question
I'm also responding to this question as to emphasize as did the other attorney that you should bring this to the immediate attention of your divorce lawyer. However, keep in mind while there may have been a technical violation of the law, if the would be victim, the loan provider received full payment this most likely means they would not even be interested in contacting or cooperating with the state. This would be regarding criminal charges of forgery and theft which could otherwise in the normal course of things could result. One more thing, if your soon to be former spouse wishes to come forward with this information which he posses, he would be well reminded of his participation which could implicate him as a conspirator of a crime. Furthermore, by knowing of such an offense and only now coming forward could potentially expose him to an obstruction of justice charge as well. It would seem that your dealing with a bag of flagellated air.
Re: loan question
From your question it sounds to me like your husband is threatening you with criminal prosecution only to control your actions in the divorce case. From all of my experience with State's Attorneys throughout Illinois over the last twenty-seven years I sincerely doubt that any prosecutor would file charges against you based on the facts that you give us. In the highly unlikely event that charges were filed, I am confident that you could defend them based on the fact that your husband was not defrauded and acquisced in the loan itself as evidenced by paying it off together with you. Do not let your husband intimidate you into waiving any of your rights in the divorce case, and be sure to tell your divorce lawyer all about it. You will be fine!
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