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Financial responsibilities for debt incurred during the marraige

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susancheryl

Guest
What is the name of your state? California.

Is my ex-husband and I equally responsible for a large creditline debt which was incurred while we were married even though he assumed financial responsiblity for it in the divorce agreement?
It is in both of our names; my name comes first on the statement.

The history to this dilemma is that he stopped making payment to it a year ago, and the bank is trying to get the money from me. The account is now charged off. I would be willing to pay half of it. Is there somehow an attorney could contact the bank and work out an agreement that if I pay off half of it then the other half must come from my ex-husband?

Thank you for your advice.
:)
 


I AM ALWAYS LIABLE

Senior Member
susancheryl said:
What is the name of your state? California.

Is my ex-husband and I equally responsible for a large creditline debt which was incurred while we were married even though he assumed financial responsiblity for it in the divorce agreement?
It is in both of our names; my name comes first on the statement.

The history to this dilemma is that he stopped making payment to it a year ago, and the bank is trying to get the money from me. The account is now charged off. I would be willing to pay half of it. Is there somehow an attorney could contact the bank and work out an agreement that if I pay off half of it then the other half must come from my ex-husband?

Thank you for your advice.
:)

My response:

You need to take your ex back into court for contempt of court. File an "Order to Show Cause" Re: Contempt of Court. Perhaps a judge telling him to spend a couple of days in jail for "contempt of court" will be sufficient to convince him.

Your judgment has no effect on the bank's contract. The bank can go after you, your ex, or both of you for the debt.

IAAL
 
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susancheryl

Guest
reply to financial responsibilities

Thank you for your advice.

I forgot to mention that my ex-husband is broke. If I took him to court and won the case, how could the court get him to pay if he is broke. He pays me child support too. What happens if after the court judgement, he decides to file bankrupcy?
 

I AM ALWAYS LIABLE

Senior Member
Re: reply to financial responsibilities

susancheryl said:
Thank you for your advice.

I forgot to mention that my ex-husband is broke. If I took him to court and won the case, how could the court get him to pay if he is broke. He pays me child support too. What happens if after the court judgement, he decides to file bankrupcy?

My response:

Right now, he's in "Contempt of Court". Bankruptcy has no effect on his past "contempt" for the court's orders. Also, it doesn't matter that he's "broke". Perhaps spending some time in jail will shake him up and make him "unbroke" - - giving him the impetus to get a job or to borrow the money.

Child support is unaffected by bankruptcy. So, he'll always be paying that.

However, if he does file Bankruptcy on the debt, he would no longer be subject to the court's order AFTER your "Contempt of Court" hearing - - leaving you with the sole responsibility to pay the bank, unless, of course, you decide to file bankruptcy also. Then, the debt gets completely wiped out.

IAAL
 
S

susancheryl

Guest
Re: financial responsibility

Thanks. This confirms my thoughts that I had believed the court judgement will not help me in this case. He is so financially messed-up. I believe that he is crafty and would file bankruptcy especially after I brought him to court.

Thank you again; you were helpful.
 

I AM ALWAYS LIABLE

Senior Member
Re: Re: financial responsibility

susancheryl said:
Thanks. This confirms my thoughts that I had believed the court judgement will not help me in this case. He is so financially messed-up. I believe that he is crafty and would file bankruptcy especially after I brought him to court.

Thank you again; you were helpful.

My response:

You're welcome - - however, it's just a bit difficult to be "crafty" when he's behind bars.

Remember, it doesn't matter whether he files for BK protection today, tomorrow, or whenever. BK doesn't absolve him of his current and past "contempt".

So, I presume you're just about ready to high tail it down to the courthouse today to file your "Order to Show Cause" Re: Contempt of Court, right?

Also remember - - on your actual hearing date on the "contempt", make sure that, before the hearing, you hand him a change of underwear and a tube of KY Jelly. He'll need them.

IAAL
 
S

susancheryl

Guest
Clarificatinon please.

I am sorry; I might be a little slow here. You mean to tell me that if he files for bankruptcy AFTER the contempt of court ruling, that he still would be responsible for paying me back the money?

I could pay off the loan right now to satisfy the bank and begin restoring my credit -- Now, during the bankruptcy proceedings, will the contempt of court ruling force my ex-husband to pay me back?

And, I should wait for the contempt of court ruling first before paying off the loan, right?

One more thing, what if he files for bankruptcy before the contempt of court hearing?
 

I AM ALWAYS LIABLE

Senior Member
Re: Clarificatinon please.

susancheryl said:


I am sorry; I might be a little slow here. You mean to tell me that if he files for bankruptcy AFTER the contempt of court ruling, that he still would be responsible for paying me back the money?

MY RESPONSE: No. If he files BK protection AFTER the court hearing, he will no longer be responsible for the debt as per the court order. But, doing so DOES NOT absolve him of his PAST responsibility to obey the court order, and his contempt of court that he has committed BEFORE he files for BK. BK does not "wipe out" contempt of court charges.

I could pay off the loan right now to satisfy the bank and begin restoring my credit -- Now, during the bankruptcy proceedings, will the contempt of court ruling force my ex-husband to pay me back?

MY RESPONSE: Good, pay off the loan, and save yourself. But, once he files for BK protection, and ONLY if he names you as a creditor in the BK Petition, then he won't have to pay you back. But, if he fails to name you in his Petition, then you can sue him for his share of the bank debt.


And, I should wait for the contempt of court ruling first before paying off the loan, right?

MY RESPONSE: It doesn't matter. One has nothing to do with the other.


One more thing, what if he files for bankruptcy before the contempt of court hearing?

MY RESPONSE: It doesn't matter. His "contempt" of the court's orders has already occurred and, like I said above, BK does not wipe out his disobedience of a court order.

GO GET HIM!

IAAL
 

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