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I recently had a divorce and unfortunately due to my ex closing bank accounts on me and our child (out of spite) the same week divorce was filed - I was forced to use credit cards under my name solely for living expenses, daycare, medical, etc. (Texas)

Divorce was finalized in Jan 2009 and judge ruled that 3 credit cards and signature loan was awarded to my ex. Totalling approximately 70K. Of course he hasn't paid it.
I'm about to go back to court to have a judgment filed against the ex.

My ex mentioned angrily about how he's going to have to file bankruptcy - which I find funny because he doesn't have any debt on his 'books' so to speak - except what he owes me. So not sure how he can file without actually claiming the debt he owes me.

And I'm curious if he files bankruptcy after I get the judgment. Will he get it discharged fully and really not owe me a cent? He is self employed and garnishment is not going to work either as it's his own responsibility to decide whether to make any payments if he is required to even make payments towards the debt.

Another thing -- the credit cards and the loan are still accruing interest and was wondering if the credit card companies would accept a letter and a copy of my decree in order to stop finance charges or accept some sort of settlement without me having to go delinquent on the payments and mess up my credit?

Does anyone have experience with any of this?




Were the credit cards that he was awarded the ones that you used for you living expenses? If so, you need to make sure the creditors are made aware that your ex is now the responsible party on these. I had a similar experience and after I sent my creditors copies of the divorce decree, I was removed from those accounts.

Sub: #1 posted on Fri, 06/19/2009 - 09:02

FWTex FWTex

(Posts: 20 | Credits: 2)

The CC companies aren't bound by your divorce decree. Since they are in your name, they will hold you responsible. You may end up having to pay and then take him back to court and have the judge file contempt of court charges against him. His filing bankruptcy will not discharge those debts since he is not on the accounts but for $70k, BK may be something you should look into.

Sub: #2 posted on Fri, 06/19/2009 - 11:06

NASCAR_Devil NASCAR_Devil
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(Posts: 4666 | Credits: 308.23)

From my experience with this, and being a former DA employee, the CC company can be held in contempt for disregarding an order from a court of record.

Sub: #3 posted on Fri, 06/19/2009 - 12:28

FWTex FWTex

(Posts: 20 | Credits: 2)

But the CC company is not a party to the divorce action and is not bound to follow the order of the court in the divorce proceeding as to who owes. If the husband owes on the credit cards per the divorce decree but was never on them, the CC company cannot sue him. The wife can take him back to court for contempt, but the CC company has no standing to sue him.

Sub: #4 posted on Fri, 06/19/2009 - 21:20

Unregistered


I appreciate the reponses.

For FWTex, yes the credit cards were for all expenses which was spread out on 4 total cards. He was awarded 3 cc's and I was awarded the debt on 1 card. The clincher here is I'm the only person listed on each of the credit cards. So not sure they'll remove my name if there's no other name to apply it to.

For Been there, what you've stated is exactly what I've heard and believed.

Sub: #5 posted on Tue, 06/23/2009 - 12:26

Unregistered


Alimony and child support payments (court-ordered) are not dischargeable;
Divorce and property settlements are not dischargeable unless the other party agrees to it

Sub: #6 posted on Thu, 07/09/2009 - 09:28

Unregistered


I was divorced and signed the decree ignorantly. I didn't pay anything for 2 years, ex took me to court to prove why I did not pay, I wound up being held in contempt and having to pay almost 3 thousand dollars. I also have been ordrd to pay attrny fees, hers. I am out of work and am living off of unemployment. I filed bankruptcy, I am putting that debt on the decree, on the bankruptcy, it is unsecured debt. On the decree its clear that its not for support or alimoney. Can I add that and can she take me to court and try to have me held in contempt.

Sub: #7 posted on Tue, 07/21/2009 - 19:57

Unregistered


In my divorce my ex threatened me to make me sell everything so I agreed to pay the credit card in his name. I am not on the card anymore he took me off. What can happen to me if I dont pay it. Can he take me to court for contempt and what is usually the fine or outcome.

Sub: #8 posted on Sat, 08/08/2009 - 15:07

Unregistered


Was the agreement in writing? If so, and it is part of the divorce decree, then you are bound by it. You could potentially be found in contempt of court. I am not sure if you would be liable for the balance on the credit card before your name was removed. Is the account still open? If it is, and he is still using it, then I could see a possible way out.

Sub: #9 posted on Sat, 08/08/2009 - 18:18

southernapostolic southernapostolic

(Posts: 302 | Credits: 25)

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