Q: When i signed the divorce paper work with my wife, she stated she did not want ancillary relief. I originally agreed to this knowing she racked up $15,000 in credit card debt. I recently found out the debt was at $27,000 and payments are coming up quick. Can i change my stance and file a counter claim? Also technically we are still married yet i found out she is having a baby with another man. I was away in afghanistan for the past year and came home to this headache. Is there anything I can do or is it too late since i signed the paper work in late december? I live in NY. Most of the debt was spent on trivial items such as clothes, massages, jewelry and cosmetic surgery. Am i still responsible for her medical bills for the new baby even though I know for a fact it is not mine?
A: David's Answer: First, though you live in New York, is the case pending in New York? Also, what is it that you signed - a defendant's affidavit or a settlement agreement? Are the credit cards in her name alone or in both of your names? If you signed a defendant's affidavit & it doesn't address the credit card issues & you wish to make it an issue, you'd probably be best advised to hire a lawyer at this point, as you may need to file a motion to vacate the consent contained within the affidavit. -- David Bliven, Westchester Divorce lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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