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Help with a legal issue please..a friend at work has been divorced for a ?
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Help with a legal issue please..a friend at work has been divorced for a ?

few years now and she and the ex had a payment agreement on a large above ground pool. The agreement was that each of them would deposit x amount of $$ into a bank account each month and the pool place would automatically deduct it from there.
Problem: He has the pool, is not taking care of it and now refuses to deposit any $$ into the account. He pays no child support (because she stupidly told the judge she didn't want any)!
She has asked the pool place to consider all this and lower the payments and work with her...they won't. She asked the bank about a loan to pay the pool off...the payoff is around $5,000.00 .I don't think the bank will give her an unsecured loan.
Is there anything she can do to either force him to help pay or is she just stuck? There is no way she can afford a lawyer (if she could she would have had one in the divorce who could have told her to get the child support! duh)


    




michr
Rating
the ex-husband has the pool let him deal with it. she does not need to put any funds in the account and the pool place can repossess the pool and deal with her ex. worse case scenario she ends up with a small payment to cover her part of the original agreement,if the pool place even takes it that far.
they will most likely write off the loss and send a 1099 to the ex, as this write off is considered income for him and he will have to pay the taxes on it.


Andrea
Rating
Her first step is to go back to family court to get child support. I believe you can do this on your own without an attorney. The bum should be paying and I can imagine why in the world she would agree to none. While she's there, she should ask about procedures for suing her ex for breaching their agreement regarding the pool.

The bank may give her a loan if her credit is okay. You never know.

She could try Judge Judy too! You never know - they may go for a case like that. =)



John L
He has breached a contract, and your friend has grounds to recover on that. Unfortunately you'll probably need a lawyer to do anything about it.

He also is in possession of the pool without the full interest, and has an obligation not to commit waste.

Without an attorney, your friend would probably just get lost in the legal system trying to figure things out. If she has time, she can try to get a consultation from an attorney... sometimes they're free. They might be able to give her better advice, do the work pro-bono, or refer her to someone who can help.





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