What recourse do we have?

[BrianP]

Pennsylvania

My wife divorced her ex in Idaho in 2007. In the divorce decree, it was ordered that he assumed liability of several of the community debts. When recently applying for a home equity loan, her credit report shows many delinquencies on the accounts that he was to assume. Due to these delinquencies the loan was declined. When we attempted to contact the credit agencies with the divorce decree showing her obligation is lifted, they refused to remove the reporting. Does she have any recourse in small claims for damages?
Thanks in advance for everyone's input...

 

[divona2000]

The Seniors here will help answer your other questions, but I can tell you that creditors are not obligated to obey a divorce decree.

 

[TinkerBelleLuvr]

Then the WIFE needs to file in Idaho for a show cause hearing on contempt. The people who are owed are NOT a party to the divorce hearing. They both still owe the debt.

 

[latigo]

If the debts were incurred while she and her former husband were intermarried and residing in Idaho and did not solely benefit either spouse’s separate property and the creditor or creditors were made aware that they were incurred solely for the benefit of separate property and prior to the time they were incurred, then the husband and wife were jointly and severally responsible.

As already mentioned the decree of divorce did not and could not affect or diminish the contractual rights of those creditors to look to either or both for payment. There is a little clause in the United States Constitution that would prevent that from happening. *


[*] “No state shall . . . make any Law . . . impairing the Obligation of Contracts . . . “ Article 1, section 10, clause 1

 

[BrianP]

Maybe I wasn't clear. The agreement that was executed by both parties were that each were to take responsibility of certain debts. The debts being held by him were related to the house as he remained in it. His failure to remove her of these obligations, basically by refinancing the home loan, caused her credit score to go down the toilet. Does she have any recourse against him while suffering with no credit or just have to wait it out?

 

[TinkerBelleLuvr]

She needs to file in Idaho for contempt. In the motion, she can address the remedies that would assist the situation, such as paying the difference in car insurance rates, etc.

Ask the courts to see that he PAYS the bills, etc,

 

[latigo]

Maybe I wasn't clear. . . . His failure to remove her of these obligations . . . . caused her credit score to go down the toilet. Does she have any recourse against him while suffering with no credit . . . ?

No.

The adverse consequences to her credit score would not be a proper element of her damages in any legal proceedings brought against her ex husband for his failure to abide by the decree of divorce. No court would recognize anything so speculative and impossible to calculate monetarily one’s reputation for paying their bills on time as an element of damages.

As far as his being in contempt, if the case in Idaho were reopened for purposes of having him cited as being in contempt of the court orders, she would have to show that the he willfully failed to comply with those orders. In other words, that he was financially capable of assuming those debts but deliberately failed to pay them. There must be willful disobedience to be cited for contempt.

Also, in your second post you introduce the expression “his failure to remove her of those obligations”. Which intimates that he was ordered to refinance the home.

But in your initial post all you mention is that “it was ordered that “he assumed (sic) liability of several of the community debts”.

And that distinction could be important, because if all he was ordered to do was to hold her harmless of liability on “several of the community debts”, then she has no cause of action against him for damages until she has been required to pay those debts.

And you don’t indicate that she has even been threatened with lawsuits by any of those crediors.