What are my rights if my spouse if convicted of a felony?
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What are my rights if my spouse if convicted of a felony?
My husband is facing a felony conviction and he is the majority of my financial support. I currently work part time to care for our three children. If my husband is sent to jail, I am facing foreclosure as well as bankruptcy. My question is, is my credit affected by any restitution he may have to pay if I am his legal spouse after the conviction? Also, we have a daughter going off to college in a year, will this affect financial aid or applying for student loans?
Asked on March 15, 2016 under Family Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It will affect financial aid, student loan applications (unless your daughter can qualify on her own), your mortgage (if your husband provided the money for it), etc.: if your main means of support is in jail and can't work, you will have much less money.Lenders, vendors, creditors, etc. are allowed to take your financial situation into account in their decision making and can foreclose on (or repossess, or sue about, etc.) bad debts--the fact that you are personally blameless is not a factor, since it's all about the money.
Your credit will not be directly affected--you are not liable for his restitution--but if the restitution further reduces his assets or support to you, it will have an indirect effect.
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