Legal Question in Family Law in Washington
next steps? divorce or bankruptcy?
I am housing case manager helping a family at risk of eviction because her ex is spending on the joint accounts and the garnishment is attached to her wages instead of his. It appears that in order to pay rent she has been taking payday loans (9)- we know this won't last long! What are some suggestion of steps for this client to take to get out of this mess??!!
1 Answer from Attorneys
Re: next steps? divorce or bankruptcy?
The first thing I'd recommend is closing the accounts that the former spouse is accessing and open new ones. The decree should have a hold harmless clause and should have made an allocation of the accounts, that can the basis for an enforced recovery, i.e. motion to compel performance and disgorge fraudulently obtained funds (don't look for a mandatory form for this process; it will be something that will need to be drafted). There is the real possibility with an ex-spouse this flakey that there is nothing to recover, so even though theoretically this could be handled on a contingent basis, many attorney's will want at least some portion of it to be hourly (and want a retainer).