Marital Debt

[Mike Mace]

What is the name of your state (only U.S. law)? My ex divorced me while I was incarcerated for a DWI in Massachusetts in August 2007. She had representation, I did not. Quick appearance in front of the judge while hand-cuffed and escorted in and out by deputies. Marriage and divorce took place in Massachusetts. We both moved back to our home state of Texas in September 2007. Both currently in Texas. There was no alimony, just child support and shared medical expenses for our son. All child support was paid via payroll garnishments and deductions per the Texas AG office. Satisfied and closed. There was / is a provision on the divorce decree about 'marital debt' with a hand-written amount of 'approx 12,000'. This is for her credit cards I'm pretty sure. She received absolutely everything in the divorce. I got 2 boxes of clothes and a box of papers / documents. I received no furniture, accessories, electronics or tools. The question is this is there some sort of statute of limitations on something like this? It has been 8 1/2 years and now she wants the 12K. Without representation and forced to initial and sign without any input due to my escorts at the time, is this unfair due to duress of the situation? Does the fact that she got all material goods from the marriage weigh at all or off-set the 12K?

 

[tranquility]

What is the name of your state (only U.S. law)? My ex divorced me while I was incarcerated for a DWI in Massachusetts in August 2007. She had representation, I did not. Quick appearance in front of the judge while hand-cuffed and escorted in and out by deputies. Marriage and divorce took place in Massachusetts. We both moved back to our home state of Texas in September 2007. Both currently in Texas. There was no alimony, just child support and shared medical expenses for our son. All child support was paid via payroll garnishments and deductions per the Texas AG office. Satisfied and closed. There was / is a provision on the divorce decree about 'marital debt' with a hand-written amount of 'approx 12,000'. This is for her credit cards I'm pretty sure. She received absolutely everything in the divorce. I got 2 boxes of clothes and a box of papers / documents. I received no furniture, accessories, electronics or tools. The question is this is there some sort of statute of limitations on something like this? It has been 8 1/2 years and now she wants the 12K. Without representation and forced to initial and sign without any input due to my escorts at the time, is this unfair due to duress of the situation? Does the fact that she got all material goods from the marriage weigh at all or off-set the 12K?

Two things to start. One, I await Bali Hai. I suspect he may think this wrong in some way. Two, knock off the wa-wa it was unfair because I was in jail nonsense. No one cares. Not only because you did not have a surprise that could have been handled when you did know (Unless incarcerated for DWI includes great bodily injury.), but also because most in society will not feel sorry for a person who earned the right to jail for DWI in general.

As to your real question(s), man, that sucks. I can understand thinking you are done with that nonsense and, suddenly, this pops up. Sad to say, I think the statute of limitations on a judgment in both MA and TX would not limit being sued to collect--let alone if the original court still has jurisdiction. Also, if not under jurisdiction, it can be renewed. If the ex has a competent attorney, I suspect you would need the songs of the Angels to move things to your favor.

That is not to say there are not many issues and some complexity here. Your question might be interesting in a class that specializes in such issues where the result is not the key, but the analysis. Since most issues I think of fall away from your benefit, I decline. While for the first time in months I am not "busy", all I could do is an intellectual exercise and not something that really helps you.

See an attorney. For the amount being asked for, it is worth the cost of a consultation. If I were a betting man, I might bet it would be more expensive to defend than to pay. If I were a betting man, I'd say even with a defense by a good attorney, you'd lose.

 

[Just Blue]

What is the name of your state (only U.S. law)? My ex divorced me while I was incarcerated for a DWI in Massachusetts in August 2007. She had representation, I did not. Quick appearance in front of the judge while hand-cuffed and escorted in and out by deputies. Marriage and divorce took place in Massachusetts. We both moved back to our home state of Texas in September 2007. Both currently in Texas. There was no alimony, just child support and shared medical expenses for our son. All child support was paid via payroll garnishments and deductions per the Texas AG office. Satisfied and closed. There was / is a provision on the divorce decree about 'marital debt' with a hand-written amount of 'approx 12,000'. This is for her credit cards I'm pretty sure. She received absolutely everything in the divorce. I got 2 boxes of clothes and a box of papers / documents. I received no furniture, accessories, electronics or tools. The question is this is there some sort of statute of limitations on something like this? It has been 8 1/2 years and now she wants the 12K. Without representation and forced to initial and sign without any input due to my escorts at the time, is this unfair due to duress of the situation? Does the fact that she got all material goods from the marriage weigh at all or off-set the 12K?

How long were you in jail for the DUI?