Statute of Limitations of Divorce Decree

[ohio71]

I live in Ohio and was divorced in 2005. My ex-husband was ordered to pay the mortgage in the divorce decree but did not, racking up thousands in fees. I took him to court in 2006 for contempt, but he filed bankruptcy. It's my understanding that he cannot discharge debts he was ordered to pay in a divorce decree, so I would like to continue on with the contempt case but won't be able to financially until the end of next year. Is there a statute of limitations?

 

[Ohiogal]

I live in Ohio and was divorced in 2005. My ex-husband was ordered to pay the mortgage in the divorce decree but did not, racking up thousands in fees. I took him to court in 2006 for contempt, but he filed bankruptcy. It's my understanding that he cannot discharge debts he was ordered to pay in a divorce decree, so I would like to continue on with the contempt case but won't be able to financially until the end of next year. Is there a statute of limitations?

You understand incorrectly. he can discharge the mortgage. What you can do is continue with the contempt case. Why can't you afford it? You dont' need an attorney.

 

[ohio71]

Thanks to BAPCPA 2005 (domestic support obligations now include any debt owed to or recoverable by a spouse covered in a divorce decree) he can't discharge the debt.

I tried to handle the contempt case myself initially but realized pretty quickly that I needed an attorney to handle it, especially with his bankruptcy filing.

I'm just not sure how long I have for the statute of limitations to enforce the decree.

 

[Ohiogal]

Thanks to BAPCPA 2005 (domestic support obligations now include any debt owed to or recoverable by a spouse covered in a divorce decree) he can't discharge the debt.

I tried to handle the contempt case myself initially but realized pretty quickly that I needed an attorney to handle it, especially with his bankruptcy filing.

I'm just not sure how long I have for the statute of limitations to enforce the decree.

This is NOT a debt owed to you however nor can you recover on the mortgage. ONLY the bank can recover on the mortgage. The mortgage was NOT owed to you. And if he discharged the debt already then it is discharged.
He is ordered to pay the mortgage. Great. But the creditor is then the MORTGAGE company and NOT you. Domestic support obligations are spousal and child support. But if you want to argue with me go ahead.

 

[ohio71]

Bankruptcy reform of 2005 says:

"Debts Subject to Property Settlements with Former Spouses - Under the Reform Act debts owed to a spouse, former spouse, or child of the debtor that are not domestic support obligations but that were incurred by the debtor in the course of a divorce or separation or in connection with a divorce are non-dischargeable in Ch 7, 11, and 12 cases. (For Ch 13, see the super discharge section below). Under the current act they were dischargeable if the debtor did not have the ability to pay the debts or if discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor.

The change may have a major impact on divorced couples, because it presumably includes provisions where a Debtor agrees to indemnify a former spouse / co-debtor for money they owe to creditors by reason of the Debtor’s failure to pay debts they assumed under a property settlement agreement. "

This is very important information for anyone getting divorced.

I'll provide you with the link to this information if you're interested. I know this because I took him to court with an attorney. He got a stay because he filed, but I am still able to take him back and get a judgment for the amount he has cost me.

MY QUESTION WAS: What is the statute of limitations in Ohio? You obviously don't know the answer so why are you responding to my post?

 

[Ohiogal]

Bankruptcy reform of 2005 says:

"Debts Subject to Property Settlements with Former Spouses - Under the Reform Act debts owed to a spouse, former spouse, or child of the debtor that are not domestic support obligations but that were incurred by the debtor in the course of a divorce or separation or in connection with a divorce are non-dischargeable in Ch 7, 11, and 12 cases. (For Ch 13, see the super discharge section below). Under the current act they were dischargeable if the debtor did not have the ability to pay the debts or if discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor.

The change may have a major impact on divorced couples, because it presumably includes provisions where a Debtor agrees to indemnify a former spouse / co-debtor for money they owe to creditors by reason of the Debtor’s failure to pay debts they assumed under a property settlement agreement. "

This is very important information for anyone getting divorced.

I'll provide you with the link to this information if you're interested. I know this because I took him to court with an attorney. He got a stay because he filed, but I am still able to take him back and get a judgment for the amount he has cost me.

MY QUESTION WAS: What is the statute of limitations in Ohio? You obviously don't know the answer so why are you responding to my post?

OMG. Never mind. Find your answer elsewhere. I hear google works. Oh and did yo notice the word presumably? Again, he can discharge the mortgage. I didn't say you could not pursue contempt or that he wouldn't owe you money. Try rereading again. I don't need your link. Go back to your attorney.

 

[mistoffolees]

OMG. Never mind. Find your answer elsewhere. I hear google works. Oh and did yo notice the word presumably? Again, he can discharge the mortgage. I didn't say you could not pursue contempt or that he wouldn't owe you money. Try rereading again. I don't need your link. Go back to your attorney.

Not to butt in, but could you explain why she's wrong? To a layman, the wording looks like he shouldn't be able to discharge the debt. So if you are correct, there must be something there that's not obvious as to why he is able to do so.

That might be more helpful than simply saying "you're wrong and I'm right".

 

[Ohiogal]

Not to butt in, but could you explain why she's wrong? To a layman, the wording looks like he shouldn't be able to discharge the debt. So if you are correct, there must be something there that's not obvious as to why he is able to do so.

That might be more helpful than simply saying "you're wrong and I'm right".

Quite frankly he can discharge the mortgage. That does not necessarily mean that he can get rid of his obligation to cover said mortgage if it is considered a support obligation TO HER. It depends on the wording of the order. Of course since she doesn't like what I have to say and has decided to try to explain Ohio law to me I really want to know when she passed the Ohio bar and truthfully if she understands exactly what it is she posted. Because it is NOT the bankruptcy code. It is some layman's interpretation of it and it states presumably which is NOT a guarantee. I could continue in why she is incorrect in her thought process but I think she should just go pay for her help since she doesn't appear to want my help.

If she was mentioned as a creditor in the bankruptcy she also had that option to pursue it through bankruptcy court. APparently though she did not utilize that method. And it was discharged. Of course I don't have an understanding of Ohio law and the OP knows better. So she can just keep believing what she wants.

 

[ohio71]

Again copied from a legal website:

Domestic Support Obligations and Property Settlement in Divorce: Domestic support obligations will have first priority in distribution to creditors. Property settlement obligations, dischargeable under the old law, are non-dischargeable under the new bankruptcy law.

EVERYONE needs to know that anything covered in your property settlement agreement is no longer dischargeable in bankruptcy. I luckily had a good attorney that is well versed in the new bankruptcy laws. If you are also having this issue, please do not listen to ohiogal. Do your research and make sure you are reading info on the bankruptcy reform act of 2005, not 1994. Also, make sure (as mine does) that your property settlement is very specific about who owes what.

Thanks to the new law, my ex was not able to discharge the mortgage. That is not my issue (read first post). My issue is statute of limitations and I do have a call in to an attorney...just thought this was a quick way to find out.

 

[mistoffolees]

Quite frankly he can discharge the mortgage. That does not necessarily mean that he can get rid of his obligation to cover said mortgage if it is considered a support obligation TO HER. It depends on the wording of the order. Of course since she doesn't like what I have to say and has decided to try to explain Ohio law to me I really want to know when she passed the Ohio bar and truthfully if she understands exactly what it is she posted. Because it is NOT the bankruptcy code. It is some layman's interpretation of it and it states presumably which is NOT a guarantee. I could continue in why she is incorrect in her thought process but I think she should just go pay for her help since she doesn't appear to want my help.

If she was mentioned as a creditor in the bankruptcy she also had that option to pursue it through bankruptcy court. APparently though she did not utilize that method. And it was discharged. Of course I don't have an understanding of Ohio law and the OP knows better. So she can just keep believing what she wants.

I think you're getting offended where no offense was intended. I read her response as 'but this is what the law says? What's going on?' I didn't read anything where she claimed to be a legal expert. If you had explained the above, I think it would have been the answer she needed. Her response presumably would (or SHOULD) have been to cite the exact wording of her decree to determine if the law she cited applies.

 

[LdiJ]

Quite frankly he can discharge the mortgage. That does not necessarily mean that he can get rid of his obligation to cover said mortgage if it is considered a support obligation TO HER. It depends on the wording of the order. Of course since she doesn't like what I have to say and has decided to try to explain Ohio law to me I really want to know when she passed the Ohio bar and truthfully if she understands exactly what it is she posted. Because it is NOT the bankruptcy code. It is some layman's interpretation of it and it states presumably which is NOT a guarantee. I could continue in why she is incorrect in her thought process but I think she should just go pay for her help since she doesn't appear to want my help.

If she was mentioned as a creditor in the bankruptcy she also had that option to pursue it through bankruptcy court. APparently though she did not utilize that method. And it was discharged. Of course I don't have an understanding of Ohio law and the OP knows better. So she can just keep believing what she wants.

This is kind of a hijack, but I have a question related to that Ohio law, that I would like to ask for my own educational purposes:

Example:

A couple divorces. They have a home with 50k equity. The husband keeps the home and the wife is owed 25k for the equity. For one reason or another the payment of that equity is deferred for 3 years. The husband is responsible to make the mortgage payments and pay for the upkeep of the home. Wife gives him a quit claim deed. He is unable to make the mortgage payments and files bankruptcy.

Please tell me whether or not I am right in this interpretation:

He may discharge the mortgage, because that is a debt to the mortgage company.

However, he may not discharge the 25k that he owes the wife, because that is a marital property settlement debt. He also must hold her harmless if the mortgage company goes after her if they can't sell the house for enough to cover the balance of the mortgage.

Am I understanding this correctly?

 

[Ohiogal]

This is kind of a hijack, but I have a question related to that Ohio law, that I would like to ask for my own educational purposes:

Example:

A couple divorces. They have a home with 50k equity. The husband keeps the home and the wife is owed 25k for the equity. For one reason or another the payment of that equity is deferred for 3 years. The husband is responsible to make the mortgage payments and pay for the upkeep of the home. Wife gives him a quit claim deed. He is unable to make the mortgage payments and files bankruptcy.

Please tell me whether or not I am right in this interpretation:

He may discharge the mortgage, because that is a debt to the mortgage company.

However, he may not discharge the 25k that he owes the wife, because that is a marital property settlement debt. He also must hold her harmless if the mortgage company goes after her if they can't sell the house for enough to cover the balance of the mortgage.

Am I understanding this correctly?

Yes. That is what I was attempting to say. But I refuse to help this poster at all. She can go pay her attorney for her information.

Oh and it is NOT Ohio law. It is the way the bankruptcy code has been rewritten.

 

[ohio71]

Ohiogal-Read my first post. My question was about Ohio statute of limitations. Did you answer that question? No, you debated with me about new BK laws.

Everyone should learn the new BK code, 11 U.S.C. 523(a) 15. And, make sure your attorney draws up your property settlement agreement so that you're covered if your ex files.

Good luck everyone.

 

[LdiJ]

Yes. That is what I was attempting to say. But I refuse to help this poster at all. She can go pay her attorney for her information.

Oh and it is NOT Ohio law. It is the way the bankruptcy code has been rewritten.

Thanks OG, I just wanted to make sure that I personally, understood it properly.