Legal Question in Credit and Debt Law in Missouri

credit cards/gambling/college

We have three credit cards, 40,000 in debt. My husband only uses them. One is second mortgage. He puts 500 down and then draws out 1000 for gambling. Okay, call me blondie here, but where is this going? I really need to get out of this debt.

My question is how do I afford my kids college coming up in three years. Honey says the 21,000 second mortgage will be paid off and we can use that. Is he snow jobing me or what?

Basically how do I afford my kids college, forget the credit card debt, until honey can release he has a gambling problem those cards aren't going anywhere.

What do I need to do, aside from a divorce and file bankruptcy for a fresh start?


Asked on 4/28/05, 4:22 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: credit cards/gambling/college

1. You need joint counseling. If he won't go, then you go.

2. Your husband has an addiction. This is not a "problem" its a disease.

3. Your children come first. Act for their security. Either hubby gets help or you take the kids and file for divorce.

4. I am the child of an alcoholic. Addictions respond to tough love. THey do not respond to kindness or "one more chance." If you intend to get your kids into college, your once chance is to intervene with hubby. If that doesn't work, you must cut your losses and divorce him.

5. In essence you are asking him which he loves more, his family or his addiction. If he can't answer "family," then all the love in the world ain't gonna change him. Simple as that. Sorry.

6. File for divorce if you have to, and make sure you get an order for wage assignment. If the cards are your husbands alone, he will have to assume the debt in divorce. Ask for a judgment of special maintenance equal to the amount of the indebtedness. The judgment is not executed unless and until the debt is not paid off and someone comes after you for it. THen it's executed. Ask a good attorney about this approach.

7. Get professional help for your kids and yourself. Divorce is tough on everyone, but if done right, can restore broken families.

Good luck

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Answered on 4/28/05, 9:42 pm


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