Can they go after X-husband for discharged debt

[cowgirlupusa1]

I recently filed for Chapter 7 and it has since been discharged. One of the items on my bankruptcy was for my sons school. The debt was discharged, but now the collection agency is calling my ex husband and demanding payment from him. Is this legal? If the debt has been discharged in a bankruptcy is he responsible? The man from the collection agency told me that my ex is responsible for the debt also? Also, no one knew about my bankruptcy and this man called my ex husband and told him I had filed? Is this legal to do? Any help with these questions would be greatly appreciated.

Single mom from Michigan

 

[apie1]

Was your husband a co-signer for the bill for your sons' school? Also, your filing of bankruptcy is a matter of public record now so if anyone wants to find out if you filed bankruptcy, they can.

 

[azatty]

If the ex was a co-maker of the debt, yes. 11 U.S.C. §524 states that a discharge does not affect the liability of a joint debtor or any other entity that is liable for the debt (e.g. a guarantor or liability insurer).

 

[cowgirlupusa1]

If the ex was a co-maker of the debt, yes. 11 U.S.C. §524 states that a discharge does not affect the liability of a joint debtor or any other entity that is liable for the debt (e.g. a guarantor or liability insurer).

My ex husband was not a "co-maker" of the debt. He is my ex husband and I have full custody of my son. The debt was made after our divorce. I dont feel my ex husband should be responsible for any debt made regardless if the debt is for our son or not since we are no longer married. The man from the collection agency stated that since he is the father, he is responsible for the debt, but yet I have full custody of my son, he has visitation. Is there someone you can suggest I call to get the answer to my question. My ex was on the school paperwork as the "Father" but it was obvious we had to different addresses. Its required to list his information, for emergency purposes on his school registration, but I dont feel it should make him responsible for any debt towards the school. From now on, I will not list him on any paperwork for this very reason. I dont know what to do at this point. Any advice would be greatly appreciated.

 

[cowgirlupusa1]

Was your husband a co-signer for the bill for your sons' school? Also, your filing of bankruptcy is a matter of public record now so if anyone wants to find out if you filed bankruptcy, they can.

He was not a co-signer, there was no co-signing or application really. He was listed as the "Father" on my sons school registration. Now that I owe this debt (which I didnt agree with) they feel that since they are not going to get it from me, they can go after the dad. When in fact, we are divorced and I have full custody of my son. I dont feel he should be responsible for any debt that I create since we are no longer married. What do I do from this point? I dont want this to go on my ex husbands credit. I just dont know who to ask at this point. Hopefully someone can lead me in the right direction.

 

[Ladynred]

The man from the collection agency stated that since he is the father, he is responsible for the debt,

Don't believe everything a collector says. The collector is probably ASSUMING that your ex is responsible for the debt as part of an on-going support order. It that's not the case, then he is not liable for the debt. While there is a 'doctrine of necessaries' where BOTH parents are liable for things like medical bills, food, etc., daycare isn't one of those 'necessaries', not needed for the health and well-being of the child.

Your EX needs to tell this collector to get stuffed, basically, produce SOME shred of proof that he is in ANY way liable for this debt. 99.9% chance no such proof can be had. He should go to www.creditinfocenter.com and read up on debt validation.

 

[cowgirlupusa1]

Don't believe everything a collector says. The collector is probably ASSUMING that your ex is responsible for the debt as part of an on-going support order. It that's not the case, then he is not liable for the debt. While there is a 'doctrine of necessaries' where BOTH parents are liable for things like medical bills, food, etc., daycare isn't one of those 'necessaries', not needed for the health and well-being of the child.

Your EX needs to tell this collector to get stuffed, basically, produce SOME shred of proof that he is in ANY way liable for this debt. 99.9% chance no such proof can be had. He should go to www.creditinfocenter.com and read up on debt validation.

Thanks so much for your advice ladynred. My ex husband does pay child support and the judge included daycare as part of his responsibility, which is just included in the child support amount, not broken down, or paid seperately. I am also responsible for part of it. The reason it wasnt paid in the first place was that I didnt agree with the charges. It does state in our divorce papers that we are both responsible for our share of daycare expense, but what is to determine HIS part??? Is there a way for this bill collector to prove this? I cant believe the nerve of this guy!! Can he put this on my EX husbands credit? That is what I DONT want to see happen, that wouldnt be right.

 

[Ladynred]

I rather doubt it. The family court administers child support and that can go on his reports, but this is not the same thing. If the debt isn't in his name, then I don't see how they can legally put it on his reports.

What would be 'his share' .. at the most 50%.
Can the collector prove it ? Maybe.. if they're willing to go digging around into the court's divorce records and I'm not sure those are public.

 

[cowgirlupusa1]

I rather doubt it. The family court administers child support and that can go on his reports, but this is not the same thing. If the debt isn't in his name, then I don't see how they can legally put it on his reports.

What would be 'his share' .. at the most 50%.
Can the collector prove it ? Maybe.. if they're willing to go digging around into the court's divorce records and I'm not sure those are public.

The debt is not in his name, I had to simply list the "Father" information on his school registration. The debt was my responsibility. I am going to compile a letter on behalf of my Ex and have him send it to the bill collector. I did visit the website you suggested and found it to be very very helpful. I have learn alot about consumer rights and can hopefully use the knowledge in the future. Thanks so much for your help. It was greatly appreciated.