am I responsible for the bills?

[etb]

I am in California. When my ex-wife and I diviorced, she took over two of the credit card bills that were in my name only. In the divorce papers, it states that she is responsible for them. She has just lost her job. Am I stuck paying the $300 monthly payments because the accounts are in my name only? The accounts have been closed for a while. I am sure that the delinquencies are on my credit report. Do I have a legal leg to stand on? Can I get (by virtue of it being in the divorce papers) my name off of the accounts? I cannot afford to pay $175 for a lawyer to tell me "yes" or "no". Thank you very much for any and all advice!

 

[vrzirn]

No. They are your cards, your legal obligation and your debt. The contracts are between you and the banks. Sue your ex-wife .

 

[etb]

Okay. So basically the only reason to even put those "obligations" in the divorce papers is that it allows me to go after her, on legal standpoint,when the banks go after me? Well. not exactly what I wanted to hear but then again that's why they call it "divorce" and not "marriage". Thank you for your insight and advice!

 

[dorenephilpot]

If the credit cards are in your name, the bank can come after you for the payments.

The bank was not a party to the divorce decree or settlement and therefore is not bound by its terms.

Now, you can go after your ex for contempt for her failure to comply w/the terms of the decree, but if she is not currently working, you might get some "satisfaction" for puishing her but no money.

You can pay the bills yourself to keep your credit clean -- and then go after her later, when she's in a better financial position.

If she files for BK protection and lists you and the credit card companies, then you're probably out of luck on those and will have to pay them yourself -- unless the debts were classified as spousal maintenance or child support (which I doubt they were).

Sorry to be the bearer of bad news here.

 

[haiku]

It is possible to sue her for contempt for any money you have had to pay to save your credit rating. You will need to speak to a lawyer.

My husband successfully sued his ex for the same reasons you describe. credit and medical debt he was no tsupposed t be responsible for. He was also able to get just his name removed from the balance owed by paying a settlement,(which she also had to pay him for) after showing the credit company the court papers. Because of her history of not paying debts, her child support was reduced by a set amount each month until the debt is paid, this was the only way he would be assured of being paid back. Of course if you are not paying child support or maintenance this option is not open to you...