My wife has filed for divorce and I am the only one working and supporting our three kids along with other finances. It is very hard to keep up with these finances alone. If I miss a payment on our Durango that is in both our names does that mean I would be at fault? What could she do to me? she said she was going to get a job and help out, but she hasn't.
2 Answers from Attorneys
In the computation of child support, she'll be assigned income, if she is not working. This means your child support level will be computed, assuming that she has a job.
As far as the debts, you're both on the hook for them. If you default, the bank can go after her. If she defaults, the bank can go after you.
The court will assign the debts and the assets evenly.
Hope this helps answer your questions. If not, feel free to e-mail me at email@example.com.
If you have been ordered by the Court to make that payment, it is posssible you might be considered in contempt if you don't. However, if it was unavoidable, you might have a defense. The reason people need representation in divorce cases is to ensure they do not get put into impossible financial positions, especially during the pendency (beginning through final hearing) of the case. Even if your wife is not working, most courts will impute minimum wage to her regardless and expect her to pay some of the marital debts and her own living expenses. The important thing is to make sure child support is kept within reasonable figures because there are three children involved here.