Legal Question in Family Law in Maryland
Cell Phone Use Without Knowledge
My ex-wife separated in Nov 99 and subsequently divorced in Sep 2001. I recently (Oct 02) received a call in regard to an overdue Cell phone bill which I was unaware. My ex apparantly has been using all this time, while the bills have been coming in my name to her address. I did sign a contract for this phone in 99. Per the separation agreement no debt was supposed to be incurred in each other's names by the other, and this should have been transferred to her. She has been using and making payments all this time (without my knowledge), except now she's mad at me about something else and is sticking bills to me. Can I take her to court over this past due balance? Thank you.
1 Answer from Attorneys
Re: Cell Phone Use Without Knowledge
Based upon what you have written, if your separation agreement was incorporated but not merged into your divorce decree, you can either sue your ex-wife for breach of contract for a violation of the separation agreement (because such an agreement is a contract) or you can ask that the court hold her in contempt for violation of the agreement. If not much money is involved, though, I wonder if the best course would be to simply pay the bill and have the phone deactivated so your ex-wife cannot do this again to save yourself the time, energy and money of going to court over a small amount.
Ranji Garrett
301-296-4474
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
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