Legal Eaze #35 Credit Card Debt/ Spousal Support

Title: December 21, 2005

Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com or fax them to (661)825-8880.

Q. My daughter had to file for bankruptcy when she divorced her first husband, because he “took her to the cleaners”. Now she has remarried and wants to buy a house with her new husband. What are the ramifications of the bankruptcy she filed some time ago?
A. A bankruptcy stays on someone’s credit report for 10 years. However, a person who has undergone bankruptcy can re-reestablish his/her credit much sooner. Any credit will cost more, i.e. the interest rate charged to that person will be higher than that charged to someone who has a perfect credit score. As the credit is slowly re-established and payments on household bills and other bills are being paid on time on a regular basis, the interest charged on credit will slowly decrease until such time that creditors feel the risk of lending money to that person is low or is equal to the norm. This can take anywhere from two to four years, or longer, depending on the spending habits of that person, whether he/she is living above his/her means, paying bills on time and whether the credit limit on credit cards is reached too often. One of the best way to re-establish one’s credit is to avoid “maxing” out credit cards and to keep your balance(s) at a minimum. Having 10 credit cards is not a good idea, because creditors will feel that it is much easier to get quickly into trouble with that many credit cards. One must not forget also that it is much more difficult to file for bankruptcy nowadays since bankruptcy laws changed in October. Many will be forced to file a Chapter 13 bankruptcy which entails repayment of your debts over a period of up to five years.
Q. I have to pay spousal support to my ex-wife until she remarries or dies. She lives with some guy in another state. Do I have to continue paying spousal support to her?
A. Family law Code Section 4323 states there is a rebuttable presumption that there is a decreased need for spousal support when the supported party is cohabiting with a person of the opposite sex. The supporting party may seek relief by claiming that the non-marital partner’s income must be considered in determining spousal support award to the extent it reduces the other’s living expenses. You must make a motion in Court to modify the spousal support due to the cohabitation of the supported party and her reduced living expenses.

Legal Ease #1 Unemployment/Child Support/Identity Theft

Originally Printed: June 23, 2004

Maxine de Villefranche is an attorney and civil general practitioner with 12 years of experience. She moved to Tehachapi in June 2003 and resides in Alpine Forest. She operates her law practice from her home office and also has a satellite office in Lancaster. She will answer legal questions posed to her by the readers, to the best of her abilities.

Q. I am unemployed and cannot pay my rent. My landlord wants to kick me out of my apartment. What can I do?
A. Unfortunately, there is little you can do other than to find another job as quickly as possible. You may attempt to pacify your landlord by asking for his/her patience while you are seeking employment or get a loan from family or friends to pay for your rent. If you are served with a “Three-Day Notice to Vacate”, disregard the notice and wait until your landlord files an unlawful detainer action against you to get you out. But, you may be faced with a judgment for rent and damages, which may include attorney’s fees, not to mention the fact that your credit report will reflect this judgment..
Q. I have been paying child support to my ex-wife for several years. The child support award was based on my previous income. I only earn half of what I used to earn because I was injured and cannot work the same job anymore. How can I lower my child support?
A. A Motion to the Court to modify your child support amount must be made as soon as your circumstances change, otherwise you will be charged for arrearages in child support, in addition to interest at 10 percent per year on the arrearages. Judges are powerless in showing compassion in their orders and must follow the law. The modification will be retroactive to the date the motion was filed with the court. Time is of essence, and this motion must be made quickly.
Q. I have been victimized by identity theft and I don’t know how to stop a creditor from collecting on a debt that I did not incur. What can I do?
A. The first thing you must do is to write to the creditor and let him know that you dispute the debt. This letter should be sent via certified or registered mail. Then you must write to the three credit agencies, Equifax, Experian and Trans-Union and inform them of the dispute with the creditor. Lastly, but not the least, file a complaint with the police department of your community and make an ID Theft Complaint to the Federal Trade Commission (www.consumer.gov) The FTC maintains a database of identity theft cases used by law enforcement agencies. Filing a complaint also helps such agencies learn more about identity theft and the problems victims are having.
Forward your questions by e-mail to maxinedev@msn.com or drop questions at the Tehachapi News, 411 N. Mill St., Tehachapi, or send them by mail to P.O. Box 1840, Tehachapi, CA 93581