Deduct ex's debt out of spousal support

[Helpplease2016]

What is the name of your state (only U.S. law)?

 

[Silverplum]

What is the name of your state (only U.S. law)?

Try again, but skip the preview. You can just edit your first post. Thanks.

 

[Helpplease2016]

Ex has defaulted on credit card she was to pay per divorce degree. Credit card dept states I am on the account but I never signed anything nor did I know about this account until the divorce was in process. Can I deduct out of her spousal support and pay off this debt eventually ?

 

[LdiJ]

Ex has defaulted on credit card she was to pay per divorce degree. Credit card dept states I am on the account but I never signed anything nor did I know about this account until the divorce was in process. Can I deduct out of her spousal support and pay off this debt eventually ?

No, you cannot do that unless the court order specifically allows you to do that. However, if she was to pay off the debt and is not making the payments, you can take her back to court for contempt.

 

[Helpplease2016]

State of Virginia

 

[Helpplease2016]

Thanks for the information. We will have to take her to court. Can we do this without a lawyer?

 

[Proserpina]

Thanks for the information. We will have to take her to court. Can we do this without a lawyer?

"We"?

Who is "we"?

 

[Silverplum]

Thanks for the information. We will have to take her to court. Can we do this without a lawyer?

He can visit the website for the court that issued his order, and read about what to do and how to file. If he decides that it's something he can handle, then he can certainly file for contempt himself.

He can sue for the amount he paid in small claims court. Then he will have to enforce the judgement, if he wins.


(Yes, I made my point without bolding ALL of the male pronouns. )

 

[Bali Hai]

No, you cannot do that unless the court order specifically allows you to do that. However, if she was to pay off the debt and is not making the payments, you can take her back to court for contempt.

The question was CAN he deduct the CC payment from alimony. Yes he can, but, the judge probably won't like that even though ex is in contempt. Let's just call that another "glitch" in the system.

 

[Proserpina]

OP, please ignore Bali.

Read his post hx to figure out why.

 

[Bali Hai]

OP, please ignore Bali.

Read his post hx to figure out why.

I suggest OP reads yours as well.

 

[justalayman]

You don't sue her. The judgment is already in place by the court that issued the divorce. If you sue her she simply says; res judicata and it is dismissed. In addition the small claims court does not hold jurisdiction to enforce the higher courts order so, what you do is file a motion to seeking the court issue an order to show cause asking her to explain why she has not paid the credit card bill. Then as a remedy you include a right of offset offsetting the payments you may make on the credit card bill (to avoid being sued or having a negative report on your credit history report) against your require spousal support. You can also ask she be held in contempt for refusing to comply with the courts already existing order.

 

[latigo]

Thanks for the information. We will have to take her to court. Can we do this without a lawyer?

It ain't that simple, pal! Lawyer or no lawyer.

To begin, if you can't prove that she has willfully failed to pay the debt - meaning that she has or had the financial capability to do so - the court WILL NOT find her in contempt. Nor will it require of her that she deprive herself of the necessities of life.

In order for you to prove the required element on "willfulness" in her alleged disobedience of the court order will require more pre-hearing discovery of her financial records, affairs and conditions than you or any layperson is capable of! And I don't see an attorney getting involved in such a futile undertaking.

Also, simply proving that the debt is outstanding won't do it. And how do you intend to go about that without subpoenaing the credit card company's records showing that the account is in delinquency PLUS have some qualified, record keeping employee of the creditor testifying that those records are kept in a manner creating an exception to the hearsay evidence rule?

And just suppose by some quirk the judge does find her in contempt? Do you think she will be put in irons?
_________________________

Alternatively, if the decree contains language that can be reasonably interpreted as her indemnifying you against such debt, AND you are required to pay it . . .

THEN (in theory) you'd have a separate cause of action to seek reimbursement. But your burden of proof would be no less than it would be above. And you would need to pay it in order to sustain your cause of action or claim.

OR, if you are sued separately on the account, you have the right to bring her into the case by interpleader and ask for a judgement over against her for any rendered against you. And the same if jointly sued.

What you appear to be doing is vainly wishing that the legal system will make up for the financial indiscretions committed during the marriage.

 

[Bali Hai]

It ain't that simple, pal! Lawyer or no lawyer.

To begin, if you can't prove that she has willfully failed to pay the debt - meaning that she has or had the financial capability to do so - the court WILL NOT find her in contempt. Nor will it require of her that she deprive herself of the necessities of life.

In order for you to prove the required element on "willfulness" in her alleged disobedience of the court order will require more pre-hearing discovery of her financial records, affairs and conditions than you or any layperson is capable of! And I don't see an attorney getting involved in such a futile undertaking.

Also, simply proving that the debt is outstanding won't do it. And how do you intend to go about that without subpoenaing the credit card company's records showing that the account is in delinquency PLUS have some qualified, record keeping employee of the creditor testifying that those records are kept in a manner creating an exception to the hearsay evidence rule?

And just suppose by some quirk the judge does find her in contempt? Do you think she will be put in irons?
_________________________

Alternatively, if the decree contains language that can be reasonably interpreted as her indemnifying you against such debt, AND you are required to pay it . . .

THEN (in theory) you'd have a separate cause of action to seek reimbursement. But your burden of proof would be no less than it would be above. And you would need to pay it in order to sustain your cause of action or claim.

OR, if you are sued separately on the account, you have the right to bring her into the case by interpleader and ask for a judgement over against her for any rendered against you. And the same if jointly sued.

What you appear to be doing is vainly wishing that the legal system will make up for the financial indiscretions committed during the marriage.

And this folks is why you should never own a boat.