Question

what does the law say. need help please!

Asked 26 September 2012 · 4 answers

The question

My question has two topics. Ok a couple of things first. I'm in Texas and I know how wrong what I did was and I'm making it right but you don't know all the details do lets keep the bashing to minimum please. I am about to be going through a divorce but there is also possible criminal factors as well. Long story short I opened some credit cards in my wife's name. I know how wrong it is and I wish I could take it back. I really wasn't in my right mind but that's no excuse. Also I spent a large sum of money from our JOINT bank Acct and to avoid her wrath I tried to get it back in the Acct before she noticed. I dug my myself a deep hole and couldn't get out. She finally caught me and here comes the divorce. I admit to the credit cards I did it and I have all the money to pay them back. My question is can I end up in jail if I pay them all back down. I was trying to before but money got tight. I want to make this right and I am going to I just dont want to go to jail. Now the second part is my wife and her family itemized everything they wanted me to pay and they came up with me owing 9000 more than I should. I am no longer living in the house but she expects me to pay all the bills and the house payment plus her car payment and then they expect me to pay a total balanceon an acct that she opened herself to buy furniture and she intends to keep everything. Also she expects me to pay her for everything that I spent from our joint Acct but I was putting money in there too. Can she really force me to pay everything. I think paying the credit cards I opened is all I should have to pay her. Sorry I know its probably a confusing question but any help would be appreciated.

From the LawyerCentral forum archive. Originally posted 26 September 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

4 answers

Visitor answer 29 October 2012

Imprisonment is mainly a punishment imposed by criminal law courts. Although other courts can give prison sentences, non-criminal court imprisonment is mainly for contempt of court. In other words, you don't have to worry about the divorce court sending you to prison. If you're charged with credit card fraud, the charge will come from the district attorney, ie the state of Texas, not your wife. Assuming that you've confessed to fraud in official documents, you should speak with a criminal defense attorney IF the district attorney decides to move against you. But to actually answer your question, I don't think jail is a major problem here.

As to your joint account, you both have a right to that account so it's absurd that you should be held liable for taking money from that account when you have as much right to the money as she does.

Finally, the extraordinary amount of money your wife is asking of you should be contested in court. The court can demand that you pay some money, most likely through alimony, or spousal support.The court can also apply putative damages in order to punish you for breaking the law. The court, however, will be interested in equality and if the amount your wife is asking for is truly greater than a reasonable amount of spousal support or putative damages, than the judge can reduce the amount you must pay. I suggest you consult a family law attorney to sort through this mess. Best of luck.

(removed)

Visitor answer 8 November 2012

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Visitor answer 11 November 2012

I agree with most of what my colleague said and would add that I admire your humble attrition. You PROBABLY don't have to worry about criminal charges as you were married ad there is no way to separate the funds. BUT, that is not guaranteed. It just takes one stupid cop, and God knows there are plenty of those, especially becuase you ran, and one really pushy mother-in-law to at least press charges. I believe you should keep a family law attorney on retainer. Preferably one who knows criminal law (I am a former prosecutor) and I also have handled civil litigation and collections. Because, best case scenario, they ARE going to sue you for the money. Without a lawyer, you will end up paying more than you owe. Besides that, you need a divorce lawyer ayway, and a good one because you are NOT GOING TO LOOK GOOD TO THE JUDGE WITH THIS HISTORY. WIth a good one - you will get off the hook with less than you owe. But I firmly believe you need to have a lawyer on retainer which means you have an attorney standing by waiting for the day you need help and is ready at the drop of a hat to bail you out or take you to court or whatever you may require. Because you are going to be served with divorce papers soon and you need a lawyer in Indiana to at least enter his appearance to handle your matters and get you continuances to buy you time to get back here and t pay the oney back before you do! Just my humble opinion. If you would like to discuss it further, please call my office. I will be working all day but will be doing it from home today and will check my voicemails so if you call, I will return it. Every time. Very best of luck to you, bro. (removed)

Visitor answer 11 November 2012

I'm not an attorney.. but since you admit your wrong doing and understand you will have to pay it back regardless...

I think the right thing to do right now is get a loan or transfer the debt to your own credit cards.

I don't know what a judge would think, but it certainly would let them see you are/did correct your behavior.. goodluck

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