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What can I do about the credit card debt?

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patientinGA

Junior Member
What is the name of your state? GA
My divorce was final in February 2005. There was substantial credit card debt in my name that was specifically split between myself and my ex-spouse. However, I believe that my lawyer failed me with the wording of the decree. Since neither myself or ex spouse could afford to give all of the house proceeds to pay off the debt, the decree only says that the ex must pay half of the minimum due each month. Ex spouse was never more than an authorized user. I had him removed. The card is only in my name. I have asked the ex several times to remove his portion of the debt. He refuses and says that he is doing as the decree states. Meanwhile, he has started a business, purchased a new home (with VA loan), etc and pays at a rate that assures that I will have this debt in my name until 2013. I have substantial credit card debt without his help and will not be eligible for the best interest rates or even qualify for a home with this level of debt. Is there anything that I can do as far as amending the decree on the basis of INTENT of the decree or on the basis of being misrepresented?
 


Ohiogal

Queen Bee
Have you used this credit card since then? Does it outline anything more about the total amount of the debt?
 

patientinGA

Junior Member
Thanks for responding Ohiogal. No, the credit card has not been used since a year prior to the divorce. My decree does not say anything more specific about the debt. I am hoping that someone can argue "intent" for me.
 

Ohiogal

Queen Bee
Thanks for responding Ohiogal. No, the credit card has not been used since a year prior to the divorce. My decree does not say anything more specific about the debt. I am hoping that someone can argue "intent" for me.
Go back to court for that. Ask to clarify the TOTAL amount of the credit card debt so that the minimum he is required to pay per month is a 2% on that amount until his half is paid off.
 

Zigner

Senior Member, Non-Attorney
It seems to me that the INTENT was clear. Ex is to pay half of the minimum payments due each month. If you try to argue intent in court, ex will argue that the order, as written, is exactly what he agreed to (and the judge will, in all likelihood, side with him.)
 

Zigner

Senior Member, Non-Attorney
Go back to court for that. Ask to clarify the TOTAL amount of the credit card debt so that the minimum he is required to pay per month is a 2% on that amount until his half is paid off.
Yes, this is a good idea...for the ex ;) That way, he has a precise amount he is supposed to pay. As written (per our OP), the balances could, theoretically, increase each month and ex would still be responsible for 1/2 of the (larger) minimum.
 

patientinGA

Junior Member
Thanks for all your help. I intend to write my own appeal as I do not have money. I believe in the power of prayer and still don't believe that a reasonable judge will allow someone to take a total of 8 years after the divorce to pay off credit card debt. My half has been moved to a low rate card and I will be done in 3 more years. I will keep you posted between work and school. I want to purchase a house and have every right to have a good debt to income ratio. The only reason that he has another home is because he is a veteran and a VA loan is easy to get.
 

LdiJ

Senior Member
Thanks for all your help. I intend to write my own appeal as I do not have money. I believe in the power of prayer and still don't believe that a reasonable judge will allow someone to take a total of 8 years after the divorce to pay off credit card debt. My half has been moved to a low rate card and I will be done in 3 more years. I will keep you posted between work and school. I want to purchase a house and have every right to have a good debt to income ratio. The only reason that he has another home is because he is a veteran and a VA loan is easy to get.
Moving your half to another card may have been a mistake. The decree specifically says that he has to pay 1/2 of the minimum payment. You made half of the minimum payment that much smaller by moving 1/2 of the debt, and stuck yourself with 1/2 of HIS share. You definitely have to take it back to court now.
 

patientinGA

Junior Member
What can I do about credit card debt...

I do understand what you are saying. However, the decree definitely states the total amount of the debt at the time of the divorce. So, it is no way that it can be interpreted that he all of a sudden owes 1/4 of the debt. Besides that, the debt is at 13.99% fixed. So, me moving my 1/2 to a 4.99% fixed has been wonderful for me. Remember, ALL of the debt is in my name. Creditors don't care about the divorce...it's my SSN on the credit report. I was dumb...I'm wiser.
 

LdiJ

Senior Member
I do understand what you are saying. However, the decree definitely states the total amount of the debt at the time of the divorce. So, it is no way that it can be interpreted that he all of a sudden owes 1/4 of the debt. Besides that, the debt is at 13.99% fixed. So, me moving my 1/2 to a 4.99% fixed has been wonderful for me. Remember, ALL of the debt is in my name. Creditors don't care about the divorce...it's my SSN on the credit report. I was dumb...I'm wiser.
I understand...but the decree specifically stated that he had to pay 1/2 of the minimum payment ON THAT CARD. Your problem isn't the amount of debt that he originally owed, your problem is that you may have gifted him 1/2 of his original share by removing 1/2 of the debt from the card. Under the current orders, he only has to pay 1/2 of the minimum payment, which obviously means that you have to pay the other half.

You have no choice but to take it back to court at this point. There is no other way to fix the problem....and its not even guaranteed that its fixable. Its going to depend on the judge.

If you learn nothing else from this, you need to learn that the time to ask advice, is BEFORE you do something.
 

patientinGA

Junior Member
Actually, the decree does not say on that card...it says that balance. And I don't need the cynicism. I didn't come to the site for that. I have beat myself up enough. And by the way, a PAID LAWYER IS ADVICE. I DID HAVE ONE FOR THE DIVORCE. THANK YOU VERY MUCH.
 

LdiJ

Senior Member
Actually, the decree does not say on that card...it says that balance. And I don't need the cynicism. I didn't come to the site for that. I have beat myself up enough. And by the way, a PAID LAWYER IS ADVICE. I DID HAVE ONE FOR THE DIVORCE. THANK YOU VERY MUCH.
Believe it or not, I was not being cynical. You should have asked for advice about the card, before you moved half of the debt off of it, onto another card.

In any case however, you really do have a problem now, and it may not be fixable. You will have to take it back to court.
 

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