S
SouthernGal
Guest
What is the name of your state? PA
I'm a resident of PA who was divorced in TN. in August of this year. In my divorce agreement, it states that my ex is to make a payment every month to me that is to go towards our marital debt... in the marital dissoultion agreement the marital debt is not specified as to what it is for, it's just labeled Marital debt. I will quote what is written in the Dissoultuion agreement for 'INDEBTNESS' .... "INDEBTNESS. That husband shall pay wife $xx,xxx.xx as payment towards marital debt. Husband shall make the first monthly payment in the amount of $xxx.xx the week of June 6, 2003 and shall coninute until Jan. 6, 2008. Otherwise, both parties agree herein to assume any and all indebtness or financial obligations listed seperately in their respective names, not otherwise listed herein, and to pay same in such manner so as not to interfere with the credit standing of the other party. Both parties agree to assume the the respecitve obligations set forth herein, and to indemnify the other party and hold them harmless from said obligations. Husband and wife agree not to contract any obligations in th name of the other party after the execution of this agreement." It does not state anything further about what the marital debt is for, nor does the agreement state who is responisble for paying the joint credit cards, even tho since we've split I have made wrote the checks for them. Ex husband has not made a payment to me to put towards the marital debt in 3 months. I asked before on this message board about filing contempt of court, I was told it would have to be filed in Tn. since that is where the divorce was granted. Ex husband recieved what used to be 'our' house in the marital dissoultion agreement, he refinaced it in his name alone and my name was taken off of everything that had to do with the house.... I've asked him to sign a consensual lien for the money that is owed for the marital debt or I was seriously considering filing contempt charges....*IF* he does sign this consensual lien, will it have any weight? Or would a judgemental lien have more weight. I do know that he's also not paying on his own credit cards, and that could also lead to the creditors filing liens against him. I should mention, the ex is not a CEO of any major company, and he's doesn't have a money stuffed under is mattress... and he may be having some financial difficulty, but as he says "his financial situation is not my concern". He's also considering filing bankruptcy, but it says in our marital dissoulution agreement, and I'll quote "BANKRUPTCY. With respect to each party's responsiblity for the paymen tof certain debts and liabilities, and their obligations to hold the other harmless from the payment thereof, the parties understand and agree that their obligation is a non-dischargeable devt under 11 USC 523 (5) of the Bankruptcy Code, and is in the nature of almiony and/or support under the guidelines if IN RE Callhoun, 715 F.2d 1103 (1983), this obligation being part of the financial support settlement for both parties. This financial obligation on the part of both parties is not a part of the property settlement. The divison of property is set forth elsewhere in the marital dissoulution agreement"... So I am taking that as if he does file bankruptcy, this money that he owes towards marital debt could not be discharged... is that correct? As I mentioned, I'm really not sure what his finanical situation is and if he can or cannot afford to make the payments he's suppose to make, but at the same time, with him not paying it's putting me on the spot to cover alot of bills. Without his payment and *IF* I cant come up with all the money myself then it will cause damage to my credit, which it states up above that we are not to harm each others credit. I've had great credit all of my life and I too may have to file bankruptcy because of all of this, but I'm doing the best I can right now to avoid taking that step. *IF* I did have to file bankruptcy, would the marital debt then be canceled out, and he'd get off scout free for that obligation for 'indebtness'? Can anyone give me some advice as to what I can do ? The contempt charge would have to be filed in TN to my understanding, Could I file any kind of lawsuit(s) from PA on these issues? ANY and ALL advice is appreciated... Thank you.
I'm a resident of PA who was divorced in TN. in August of this year. In my divorce agreement, it states that my ex is to make a payment every month to me that is to go towards our marital debt... in the marital dissoultion agreement the marital debt is not specified as to what it is for, it's just labeled Marital debt. I will quote what is written in the Dissoultuion agreement for 'INDEBTNESS' .... "INDEBTNESS. That husband shall pay wife $xx,xxx.xx as payment towards marital debt. Husband shall make the first monthly payment in the amount of $xxx.xx the week of June 6, 2003 and shall coninute until Jan. 6, 2008. Otherwise, both parties agree herein to assume any and all indebtness or financial obligations listed seperately in their respective names, not otherwise listed herein, and to pay same in such manner so as not to interfere with the credit standing of the other party. Both parties agree to assume the the respecitve obligations set forth herein, and to indemnify the other party and hold them harmless from said obligations. Husband and wife agree not to contract any obligations in th name of the other party after the execution of this agreement." It does not state anything further about what the marital debt is for, nor does the agreement state who is responisble for paying the joint credit cards, even tho since we've split I have made wrote the checks for them. Ex husband has not made a payment to me to put towards the marital debt in 3 months. I asked before on this message board about filing contempt of court, I was told it would have to be filed in Tn. since that is where the divorce was granted. Ex husband recieved what used to be 'our' house in the marital dissoultion agreement, he refinaced it in his name alone and my name was taken off of everything that had to do with the house.... I've asked him to sign a consensual lien for the money that is owed for the marital debt or I was seriously considering filing contempt charges....*IF* he does sign this consensual lien, will it have any weight? Or would a judgemental lien have more weight. I do know that he's also not paying on his own credit cards, and that could also lead to the creditors filing liens against him. I should mention, the ex is not a CEO of any major company, and he's doesn't have a money stuffed under is mattress... and he may be having some financial difficulty, but as he says "his financial situation is not my concern". He's also considering filing bankruptcy, but it says in our marital dissoulution agreement, and I'll quote "BANKRUPTCY. With respect to each party's responsiblity for the paymen tof certain debts and liabilities, and their obligations to hold the other harmless from the payment thereof, the parties understand and agree that their obligation is a non-dischargeable devt under 11 USC 523 (5) of the Bankruptcy Code, and is in the nature of almiony and/or support under the guidelines if IN RE Callhoun, 715 F.2d 1103 (1983), this obligation being part of the financial support settlement for both parties. This financial obligation on the part of both parties is not a part of the property settlement. The divison of property is set forth elsewhere in the marital dissoulution agreement"... So I am taking that as if he does file bankruptcy, this money that he owes towards marital debt could not be discharged... is that correct? As I mentioned, I'm really not sure what his finanical situation is and if he can or cannot afford to make the payments he's suppose to make, but at the same time, with him not paying it's putting me on the spot to cover alot of bills. Without his payment and *IF* I cant come up with all the money myself then it will cause damage to my credit, which it states up above that we are not to harm each others credit. I've had great credit all of my life and I too may have to file bankruptcy because of all of this, but I'm doing the best I can right now to avoid taking that step. *IF* I did have to file bankruptcy, would the marital debt then be canceled out, and he'd get off scout free for that obligation for 'indebtness'? Can anyone give me some advice as to what I can do ? The contempt charge would have to be filed in TN to my understanding, Could I file any kind of lawsuit(s) from PA on these issues? ANY and ALL advice is appreciated... Thank you.