Statute of limitations on community debt.

What is the name of your state (Arizona)?

I was burdened with all of the community debt when my divorce was final in May of 2003. I filed for Bankruptcy in July of 2003 and included all of this debt.
My ex took me back for contempt twice stating that I did not take care of the debt. In both cases, I submitted my evidence and was not found in contempt.
My ex still claims that she is going to take me back to court again, although she has never given me any documents from these bill collectors that she claims are still after her.
Is there a statute of limitations on debt? I thought it was six years. Does being given the debt in a decree change that?

Dball said:

What is the name of your state (Arizona)?

I was burdened with all of the community debt when my divorce was final in May of 2003. I filed for Bankruptcy in July of 2003 and included all of this debt.
My ex took me back for contempt twice stating that I did not take care of the debt. In both cases, I submitted my evidence and was not found in contempt.
My ex still claims that she is going to take me back to court again, although she has never given me any documents from these bill collectors that she claims are still after her.
Is there a statute of limitations on debt? I thought it was six years. Does being given the debt in a decree change that?

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In a way, you are mixing up apples and oranges. In the divorce decree you were responsible for the debt and therefore she was NOT responsible.

However, you immediately filed bankruptcy therefore you automatically put the burden of any joint debt right back on her...causing the creditors to go after her and also damaging her credit report.

Therefore she does have a cause of action against you. She cannot force you to pay the debt because the debt was discharged to you in bankruptcy. However, its very possible that she could win damages from you, because you were supposed to protect her credit by paying the debts, and you did not.

Any statute of limitations regarding debt does not apply here. Its your divorce decree and your required performance under that decree that is at issue.

That makes sense. Her credit was completely shot prior to the divorce. This was a big reason for the divorce. She obtained a lot of credit and ran it up to the limit. The accounts were all in her name and she let them all go into collections prior to our divorce. Almost all of these accounts were kept secret until handed to me at the trial.
I didnt think the standard statute applied here, but wanted to make sure.
I do not think she is smart enough to try and come after me for damages, but you never know. I dont think she would have a case if her credit was already in the toilet prior to the decree.
Any opinion on that?

Dball said:

That makes sense. Her credit was completely shot prior to the divorce. This was a big reason for the divorce. She obtained a lot of credit and ran it up to the limit. The accounts were all in her name and she let them all go into collections prior to our divorce. Almost all of these accounts were kept secret until handed to me at the trial.
I didnt think the standard statute applied here, but wanted to make sure.
I do not think she is smart enough to try and come after me for damages, but you never know. I dont think she would have a case if her credit was already in the toilet prior to the decree.
Any opinion on that?

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Its hard to say. On the face of it perhaps, perhaps not. If you received assets in exchange for being burdened with the debt, it might not be relevant that her credit was already "in the toilet".

For example, if you had 50k in a 401k that accrued during the marriage, and you got to keep your entire 401k (and a bankruptcy cannot touch that because its retirement money) because you were keeping the entire debt, then again, she would have some cause of action against you...the same could apply if you got the house and all its equity in exchange for keeping all the debt...unless the equity went to the creditors in the bankruptcy.

So, its not simple. The entire facts of the property settlement come into play as well.

Well, everything was split 50/50. She got half of retirement, $5k from the home that was sold, even though the home was in my name only and she signed a disclaimer deed. I also paid for her to live in the home as well as her vehicle lease payments for 8 months until she moved out of the home and the lease was turned in. That is why the judge didn't giver her any spousal maintenance. My attorney should have fought to make her keep her debt.
I basically got screwed in the deal.

Dball said:

Well, everything was split 50/50. She got half of retirement, $5k from the home that was sold, even though the home was in my name only and she signed a disclaimer deed. I also paid for her to live in the home as well as her vehicle lease payments for 8 months until she moved out of the home and the lease was turned in. That is why the judge didn't giver her any spousal maintenance. My attorney should have fought to make her keep her debt.
I basically got screwed in the deal.

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You got screwed? How could that happen where divorce laws are gender neutral?

Your attorney was only doing what her attorney and the judge wanted. They don't see how protecting women in divorces are screwing men.

Dball said:

Well, everything was split 50/50. She got half of retirement, $5k from the home that was sold, even though the home was in my name only and she signed a disclaimer deed. I also paid for her to live in the home as well as her vehicle lease payments for 8 months until she moved out of the home and the lease was turned in. That is why the judge didn't giver her any spousal maintenance. My attorney should have fought to make her keep her debt.
I basically got screwed in the deal.

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Well, you didn't really get screwed in the deal since you filed bankruptcy against the debt and made it all go away for you.

If you aren't holding anything back here then there may not be anything that she could do to you. Her credit was already totalled prior to that and you apparently didn't get any extra assets to go against the debt.

However, if she does end up having to pay any of it, then she would still have a cause of action against you.

I had little choice in the matter. Her debt load was too big to handle, along with the ridiculous amount of child support and having to pay for a place and a vehicle on my own.
I did not include the house in the BK and paid her the $5k in the judgment.

Since that time, she has never gotten a job, she was arrested for felony theft, and lives with her Mom and Dad. She hasn't given me any contact info regarding her debtors in 5 years, so even if I did want to pay, I have nobody to call.

I guess I am hoping that the statute runs out for her debts, so she will leave me alone.

Thanks.

Bali Hai said:

You got screwed? How could that happen where divorce laws are gender neutral?

Your attorney was only doing what her attorney and the judge wanted. They don't see how protecting women in divorces are screwing men.

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I hope you are being sincere in that remark and not sarcastic. If you really looked at my case and knew the whole story, you would see that I am a perfect example of how the court system in Maricopa County is very one sided when it comes to women. My children deserve better and because of the courts, they are stuck with a poor excuse of a mother, 60% of the time.

Dball said:

I hope you are being sincere in that remark and not sarcastic. If you really looked at my case and knew the whole story, you would see that I am a perfect example of how the court system in Maricopa County is very one sided when it comes to women. My children deserve better and because of the courts, they are stuck with a poor excuse of a mother, 60% of the time.

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I don't need to know your whole story and I already see your situation because I've LIVED under your circumstances. I agree with you 100%.

Dball said:

they are stuck with a poor excuse of a mother, 60% of the time.

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Well aren't you the picture of perfect co-parenting. This is a WONDERFUL way to refer to half of your childrens' DNA. I'm sure they'd be proud to know how you feel.

CourtClerk said:

Well aren't you the picture of perfect co-parenting. This is a WONDERFUL way to refer to half of your childrens' DNA. I'm sure they'd be proud to know how you feel.

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I never claimed to be perfect. I have, however, followed all of the rules and do not use my children as pawns. Both of my kids have made it perfectly clear that they are tired of her instability and manipulation. They constantly refer to her as a poor role model, with no help from me. As they get older and more mature, they understand more and more.
Parental Alienation is real and very common. It mentally harms children and never seems to be a consideration to the courts, especially when it is the mother that is the guilty party. My kids are being mentally abused by their mother and the system. Its sad really.

Dball said:

I never claimed to be perfect. I have, however, followed all of the rules and do not use my children as pawns. Both of my kids have made it perfectly clear that they are tired of her instability and manipulation. They constantly refer to her as a poor role model, with no help from me. As they get older and more mature, they understand more and more.
Parental Alienation is real and very common. It mentally harms children and never seems to be a consideration to the courts, especially when it is the mother that is the guilty party. My kids are being mentally abused by their mother and the system. Its sad really.

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That's true. Parental Alienation is real and common - and may well be a crime if you have the standard court orders which tell you not to defame your ex in front of the kids. So stop doing it.

I don't have any idea what he/she did, but you are clearly making them look like a bad person. Even if it's true, you have no business putting them down in front of the kids.

You really ought to stop it or you could find yourself losing whatever custody or visitation you have.