After Divorce Has Been Done And Over With I Still Get Garnished For His Debt.

[Jenn1974]

What is the name of your state? IOWA
MY DIVORCE WAS FINALIZED IN DECEMBER 2001, AND IN THE DECREE OF MARRIAGE IT STATES THT I AM RESPONISBLE FOR MY DEBTS AND HE IS FOR HIS.. I AM NOW BEING GARNISHED FOR HIS MEDICAL BILLS AND THEY WILL NOT ABIDE BY THE DECREE THT I SHOW THEM. WHY? CAN THEY DO THT? CAN THEY STILL GARNISH ME EVEN THO IT STATES IN THE DECREE THT HE IS RESPONSIBLE FOR HIS AND ME MINE?
JENN

 

[stephenk]

first, turn off your caps.

second, were these bills incurred during the marriage?

 

[djohnson]

Your divorce decree is an agreement between you and him through the courts. The only people obligated to abide by it is you and him. No one else has to accept it.

In TN a spouse is responsible for the other spouses necessities which is defined as medical, food, and utilities so they could come back to you. I don't know if that law is also in your state or not.

 

[Jenn1974]

srry bout the caps when i vent i use caps.. yes to ans the first question yes the bills were incurred during the marriage.. and i am aware that the bill is mine as well as his.. but i am the only one that is being garnished.. do i have grounds to take him to small claims court to get the money that is and has been taken from me? i have told him once before that if he did not take care of this that i would be takeing him to small claims court.. soon i will be getting married again and i now have to file bankrupcy because of all this.. granted my credit was not in perfect shape in the first place.. but i would like to be able to have wht is left of it back... thank you for your replies...

 

[ninalou]

When I was divorced, I had a similar situation. I found out the hard way, debt comes before divorce. The debt collectors don't care how the debt is paid as long as it is paid. You can go after him to get him to pay what he agreed, and if you are able to do so through small claims, it might be worth your while if you think he will pay. Keep in mind your name would still be tied to that debt until it is paid.

One thing I learned was - talk to the collectors - frequently. In my situation, I befriended one and I called him every day! He got to the point where he knew I was serious about helping to resolve the issue and he was willing to back off a bit. He even had the item removed from my credit report once the debt was paid!

The aftermath of divorce can sometimes be worse than going through the actual divorce. Good Luck!