IAAL-ability to pay, can you define it?

[sroutlaw]

I wrote to you before and you basically told me there is no way, no how, my ex is getting out of paying a debt.
He is now claiming he is "unable to pay" the debt. He has a job at around $35K to $40K per year. No child support/alimony obligations. Any ideas on his chances of being relieved of debt? Note: He did not file to modify the settlement agreement, but rather just a response to the show cause , basically saying he is too poor to pay the bill.
Steph
Thanks!

 

[dorenephilpot]

Are you asking whether your ex can get out of a debt by merely stating that he cannot afford to pay it?

If so, the answer, after I quit laughing hysterically, is NO.

If he has an income or property, he has a means to pay his debt. Maybe it won't be in a lump sum, but, yes, he has a means to pay it.

Wages can be garnished, property can be seized or have a lien put against it....