How to Settle Post-Divorce Debt?

[Spinozer]

What is the name of your state (only U.S. law)? Massachusetts

Can I take my ex-spouse to small claims court for her half of debt that wasn't covered in the divorce agreement?

When my divorce was settled, neither my ex or I had the ability to pay our credit card debts. So there was no mention of them whatsoever in our divorce agreement. The thought was that the credit card companies would write off the debt. Some did, but one company sued me, and I ended up having to settle the debt with them for less than the total due. I had to take a loan out to pay this debt, and I'm still paying it off.

The account was in my name, but she had her own card on the account, and I have statements showing that the charges were for family/household items. So in my opinion, she is liable for half the debt. (in reality, she charged far more to the account than I did)

So my question is: can I take my ex-spouse to small claims court for her half of the debt? Or would a judge throw the case out and say it's a probate matter? I don't think there's anything I can do in probate court because the divorce was finalized. I imagine a probate judge would tell me I should have settled it during the divorce proceedings. But that's just my speculation - any thoughts/ideas are appreciated.

Thanks in advance!
Spinozer

 

[Zigner]

What is the name of your state (only U.S. law)? Massachusetts

Can I take my ex-spouse to small claims court for her half of debt that wasn't covered in the divorce agreement?

When my divorce was settled, neither my ex or I had the ability to pay our credit card debts. So there was no mention of them whatsoever in our divorce agreement. The thought was that the credit card companies would write off the debt. Some did, but one company sued me, and I ended up having to settle the debt with them for less than the total due. I had to take a loan out to pay this debt, and I'm still paying it off.

The account was in my name, but she had her own card on the account, and I have statements showing that the charges were for family/household items. So in my opinion, she is liable for half the debt. (in reality, she charged far more to the account than I did)

So my question is: can I take my ex-spouse to small claims court for her half of the debt? Or would a judge throw the case out and say it's a probate matter? I don't think there's anything I can do in probate court because the divorce was finalized. I imagine a probate judge would tell me I should have settled it during the divorce proceedings. But that's just my speculation - any thoughts/ideas are appreciated.

Thanks in advance!
Spinozer

You can't "sue" twice for the same debt if the original court already made a decision regarding that debt. You should have included it in the divorce. By not doing so, you have declared that this is YOUR debt.

 

[stealth2]

What is the name of your state (only U.S. law)? Massachusetts

Can I take my ex-spouse to small claims court for her half of debt that wasn't covered in the divorce agreement?

When my divorce was settled, neither my ex or I had the ability to pay our credit card debts. So there was no mention of them whatsoever in our divorce agreement. The thought was that the credit card companies would write off the debt. Some did, but one company sued me, and I ended up having to settle the debt with them for less than the total due. I had to take a loan out to pay this debt, and I'm still paying it off.

The account was in my name, but she had her own card on the account, and I have statements showing that the charges were for family/household items. So in my opinion, she is liable for half the debt. (in reality, she charged far more to the account than I did)

So my question is: can I take my ex-spouse to small claims court for her half of the debt? Or would a judge throw the case out and say it's a probate matter? I don't think there's anything I can do in probate court because the divorce was finalized. I imagine a probate judge would tell me I should have settled it during the divorce proceedings. But that's just my speculation - any thoughts/ideas are appreciated.

Thanks in advance!
Spinozer

Re the bolded: Pretty sleazy. At least your credit is screwed as a result.

And yes - you should have sorted the issue out during the divorce. You didn't. Oh well.

 

[mistoffolees]

You can't "sue" twice for the same debt if the original court already made a decision regarding that debt. You should have included it in the divorce. By not doing so, you have declared that this is YOUR debt.

Maybe I'm over thinking things, but I'm not so sure. I agree with your conclusion, but for a different reason.

Certainly, small claims court is out. As far as small claims is concerned, it's entirely OP's debt.

But what about a modification to the divorce decree? If an asset or debt is accidentally left off the decree, it can be added later with a modification. In some states they could argue that the parties didn't think that they were going to have to pay it - for some foolish reason. Ex couldn't argue that OP is suing twice for the same debt because it wasn't included the first time.

HOWEVER, that doesn't apply in MA. In MA, you can only file for a modification to asset or debt division in the case of fraud:
Massachusetts Divorce Law, no-fault divorce, un-contested divorce, contested divorce, child support

To modify a division of assets one would need to show fraud.

Since OP knew about it and participated in the fraud, he can't use fraud to argue for a new division of assets.

So, I agree with your conclusion (that there's nothing OP can do) but for a slightly different reason.

How much is the credit card debt?

 

[Ohiogal]

Maybe I'm over thinking things, but I'm not so sure. I agree with your conclusion, but for a different reason.

Certainly, small claims court is out. As far as small claims is concerned, it's entirely OP's debt.

But what about a modification to the divorce decree? If an asset or debt is accidentally left off the decree, it can be added later with a modification. In some states they could argue that the parties didn't think that they were going to have to pay it - for some foolish reason. Ex couldn't argue that OP is suing twice for the same debt because it wasn't included the first time.

HOWEVER, that doesn't apply in MA. In MA, you can only file for a modification to asset or debt division in the case of fraud:
Massachusetts Divorce Law, no-fault divorce, un-contested divorce, contested divorce, child support

Since OP knew about it and participated in the fraud, he can't use fraud to argue for a new division of assets.

So, I agree with your conclusion (that there's nothing OP can do) but for a slightly different reason.

How much is the credit card debt?

I was going to say -- this was NOT accidentally left out. THEY PURPOSELY DID THIS in order to defraud. Unclean hands doctrine would nail either of them for coming into court to try to get the other party to pay "half" when quite frankly, the debt belongs to the name of the person in whose name the debt is.

Being fraudulent and duplicitous cost the OP his credit rating and having the debt disposed of in the divorce. Glad OP got screwed and wasn't able to screw over the credit card companies entirely.

 

[stealth2]

Check out OP's post in Debt Collections.

 

[ecmst12]

You realize he posted that a year and a half ago and you just necro–posted it up right?

 

[LdiJ]

Maybe I'm over thinking things, but I'm not so sure. I agree with your conclusion, but for a different reason.

Certainly, small claims court is out. As far as small claims is concerned, it's entirely OP's debt.

But what about a modification to the divorce decree? If an asset or debt is accidentally left off the decree, it can be added later with a modification. In some states they could argue that the parties didn't think that they were going to have to pay it - for some foolish reason. Ex couldn't argue that OP is suing twice for the same debt because it wasn't included the first time.

HOWEVER, that doesn't apply in MA. In MA, you can only file for a modification to asset or debt division in the case of fraud:
Massachusetts Divorce Law, no-fault divorce, un-contested divorce, contested divorce, child support

Since OP knew about it and participated in the fraud, he can't use fraud to argue for a new division of assets.

So, I agree with your conclusion (that there's nothing OP can do) but for a slightly different reason.

How much is the credit card debt?

Modifications regarding property settlements are possible when there is a lack of disclosure that is found later...but that isn't the case here. There was no fraud because both parties were well aware of the debt. So I agree with you, but I think its important to re-emphasize that a property settlement cannot be re-opened unless there was some kind of fraud or lack of disclosure.

 

[Ohiogal]

Modifications regarding property settlements are possible when there is a lack of disclosure that is found later...but that isn't the case here. There was no fraud because both parties were well aware of the debt. So I agree with you, but I think its important to re-emphasize that a property settlement cannot be re-opened unless there was some kind of fraud or lack of disclosure.

Try reading the idiot's other thread, oh Messiah LD. He is fighting the credit card money saying he doesn't owe any money because his wife made the charges. Even though he is attempting to commit fraud here by having the credit card just sign off the debt. Oh and Misto stated that he there is NO FRAUD in this thread in the very post you quoted.

 

[Ohiogal]

You realize he posted that a year and a half ago and you just necro–posted it up right?

Um the first post in this thread states that he posted at 1159 am today. Whatcha talkin' 'bout, Willis?

 

[ecmst12]

I was talking about OP's OTHER thread.

 

[mistoffolees]

Try reading the idiot's other thread, oh Messiah LD. He is fighting the credit card money saying he doesn't owe any money because his wife made the charges. Even though he is attempting to commit fraud here by having the credit card just sign off the debt. Oh and Misto stated that he there is NO FRAUD in this thread in the very post you quoted.

Technically, what I said was that there may have been fraud (there probably was), but that OP couldn't use that as an argument because he participated in the fraud.

But that doesn't disagree with what you said. LD basically just repeated back one section of my post.

 

[stealth2]

You realize he posted that a year and a half ago and you just necro–posted it up right?

Nope, I didn't. Oh well.

 

[Ohiogal]

Nope, I didn't. Oh well.

I didn't either.