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andyth
Joined: 03 Oct 2009
andyth's page
Posts: 32
1237 Magic Points
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Subject: Ex Wife Refusing to Pay Debts
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Fri Nov 06, 2009 7:19 pm
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| I was divorced in November 2007. My ex was under the divorce decree ordered to pay a one-year free financing loan we had (I was primary and she was co). Under the same decree I was ordered to pay her credit card (which she was primary and I was co). I was paying credit card and have proof. She decided she was not liable to pay the free financing loan because it had lapsed the one-year, interest accrued, then went to collections. She does not think she has to pay this now because it is in collections. I stopped paying her credit card and now we are summoned to appear for a civil summons on the credit card. She is remarried I am still single. I was going to pay the free financing loan but was advised against it by my divorce lawyer due to fact that I would still be responsible for the credit card. If I took her back to court she would only receive a slap on the wrist and possibly given another 6 months to pay. If she takes me back to court that would be possibly all that would happen to me for not paying her credit card. If we both don't pay the debts, other than our credit being severely damaged, what could the divorce judge do to us? Hold us in contempt? What does that mean? On the civil summons could they garnish our wages? Would this also affect her new husbands credit? |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Sat Nov 07, 2009 1:29 am
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Well the easy one first, it will not affect her new husbands credit, unless they apply for something together, like a card or a mortgage or any other scenario that may put the two of them on the same application, but the only thing this would do would be cause a denial, his credit will remain what it is.
I am not real sure what a divorce judge would do, I would try to work something out with her, if you would have continued to pay the credit card then you could have taken her back to court, but at this point you are both in violation of the court order, so I am not real sure that I would drag her back into court unless you are willing to answer to the judge too. That is how the court will more than likely see it, like two wrongs don't make a right type of thinking. I understand, but will a judge, probably not. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Sat Nov 07, 2009 1:47 am
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| Hello, yes this sound as if it is a bit of a mess. I imagine this actually may have to go back to court in order to be straightened out. I would not want to personally continue to pay a loan when she is not holding up to her end of the deal. You could explain this to the judge. He or she may be more sympathetic towards you as long as you can show you were faithfully paying until she discontinued her payments. Is the lawyer you had (if you had one) still available to get some advise? If not there are several on line sites where you can ask free legal questions and get answers from real lawyers. Avvo is one and anothe r is law guru. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Sat Nov 07, 2009 1:56 am
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I don't understand why they would break it up like that anyway, shouldn't the debt been given to the primaries of each account. Most divorces don't end on pretty note anyway, so why would the other care about the others credit rating, by not paying would be a good way to get back at the other and why would a judge want you so connected after the mess is over. Having this arrangement does exactly that. Is there a way to get the orders modified so that you are only responsible for the debt that you are the primary on?
How far are you behind on the account that you were supposed to pay, is there a way to clean it up before you attempt to go back to court? You know cover your butt so you can hopefully get the order modified in your favor? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Sat Nov 07, 2009 2:28 am
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| That was what I was thinking. The judge really took a big risk in even more problems when he or she assigned the other persons debt to the spouse. You have some really valid points in you post. The only thing I may be able to imagine is if by some chance the ex hubby had some charges that could be proved on the ex wifes account and they equaled more than the interest free loan. For example the hubby has $4500 worth of charges on wifes Credit car and she only has a few charges. The loan may be the littlest amount. Still you think then the judge would have done money settlements instead of this confusing mess. Shame on the judge. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Sat Nov 07, 2009 2:53 am
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| Yeah, like split it up between the two of them and make them both liable if you are going to keep them connected like this. Just makes no sense how this was thought out. |
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debranewell2008
Joined: 10 Oct 2009
debranewell2008's page
Posts: 421
7253 Magic Points
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Sat Nov 07, 2009 4:31 am
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| I have heard of everything now. I sure am glad I didn't have that judge when I got a divorce. I would still be paying my ex bills until I was dead and gone. This makes no sense to me at all. I always thought when you got a divorce unless there were children involved You went your separate ways. This agreement is move like we are getting a divorce and are going to live in the same house. |
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