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Divorce Decree - Contempt of Court

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csgitguy

Junior Member
What is the name of your state? Kentucky

I'm not sure which of these forums is the best place to post this, but I'll try here first.

My situation is that in the separation agreement and the divorce decree, both of which were signed by the judge, various debts were distributed between my ex-wife and I. Some of the accounts assigned to me were either her accounts or joint accounts and some of the accounts assigned to her were either my accounts or joint accounts.

When I was assigned these accounts, I paid them off immediately so as not to get myself in a situation where I couldn't afford to pay them later on once my child support and maintenance kicked in. Unbeknownst to me, my wife did not do the same and, in fact, went delinquent on two of these accounts which were a mortgage and small line of credit that was closed and in repayment status. The delinquency caused my credit score to plummet and thus disqualified me to obtain a loan that I needed to replace my heat pump.

Thus, I have several questions...first off, what rights do I have to remedy the situation as far as my credit report goes? Are creditors allowed to report this information even though the official decrees claim that I am to be held harmless from such debts and that they are to be properly maintained by my ex-wife? Second, do I have any recourse to go against my ex-wife for any type of contempt of court issues as she didn't uphold her end of the decree? Third, since I don't have money for an attorney, are there any legal aid services available to assist if I do have to go back to court similar to what a custodial parent has for child support non-payment? I've tried the regular legal aid, but they say I make too much money because I make about 65K per year...even though I only take home $1,400 take home pay each month.

Thanks so much for anyone's assistance.
 


justalayman

Senior Member
...first off, what rights do I have to remedy the situation as far as my credit report goes?
none

Are creditors allowed to report this information even though the official decrees claim that I am to be held harmless from such debts and that they are to be properly maintained by my ex-wife?
your creditors were not a party to the divorce suit. Whomevers name is on the account is who they will hold responsible and sue if needed to collect. The divorce decree changes nothing reagrding your debts to the debtor.

Second, do I have any recourse to go against my ex-wife for any type of contempt of court issues as she didn't uphold her end of the decree?
You can sue her for any debts you paid that the divorce decree placed in her lap.

Contempt? Don;t know. Others will. Hang on for them.
 

Bali Hai

Senior Member
What is the name of your state? Kentucky

I'm not sure which of these forums is the best place to post this, but I'll try here first.

My situation is that in the separation agreement and the divorce decree, both of which were signed by the judge, various debts were distributed between my ex-wife and I. Some of the accounts assigned to me were either her accounts or joint accounts and some of the accounts assigned to her were either my accounts or joint accounts.

Sounds like you both trusted each other at that point.

When I was assigned these accounts, I paid them off immediately so as not to get myself in a situation where I couldn't afford to pay them later on once my child support and maintenance kicked in.

You played right into HER hand and the COURT'S hand.

Unbeknownst to me, my wife did not do the same and, in fact, went delinquent on two of these accounts which were a mortgage and small line of credit that was closed and in repayment status.

Well that's a huge surprise!

The delinquency caused my credit score to plummet and thus disqualified me to obtain a loan that I needed to replace my heat pump.

The court cares only if SHE is cold.

Thus, I have several questions...first off, what rights do I have to remedy the situation as far as my credit report goes?

You have the right to pay these outstanding debts to bring your credit report into good standing.

Are creditors allowed to report this information even though the official decrees claim that I am to be held harmless from such debts and that they are to be properly maintained by my ex-wife?

The creditors couldn't care less about your decree.

Second, do I have any recourse to go against my ex-wife for any type of contempt of court issues as she didn't uphold her end of the decree?

Yes, get off your ass and get it done.

Third, since I don't have money for an attorney,

You don't need money money for an attorney. Get one that will kick the courts ass and make HER pay the fee.

are there any legal aid services available to assist if I do have to go back to court similar to what a custodial parent has for child support non-payment? I've tried the regular legal aid, but they say I make too much money because I make about 65K per year...even though I only take home $1,400 take home pay each month.

You answered your own question. What do you want from us?

Thanks so much for anyone's assistance.
This is a classic example of men getting screwed over by lawyers and courts in matrimonial cases.

Get tough, get smart and get off your ass and DO something about it.
 
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