Divorce paper says ex owes half of debt

[mommacita]

What is the name of your state? Missouri

 

[Zigner]

You can reply to this in order to post your question.

 

[mommacita]

You can reply to this in order to post your question.

Yes, thank you. My ex and I were married for 30+ years. During that time he took out a credit card in my name and he was an authorized user and did use the card. I was a stay at home mom all those years until a year before he filed for divorce. After beginning my first full time job I recieved notice that my wages would be garnished to pay the credit card debt. Just me, not him. From the dissolution the judge ordered him to pay half of that debt. But instead of taking car of that he is sending me a check every month for half of the garnishment amount. The garnishment amount is set on my income and I still have one dependent at home. I am ready to pay off my half. Ex will not talk to me about it and says he cannot afford any more than the half garnishment amount. What do I do?

 

[mommacita]

I have all of the documentation - I could send to the collecting attorneys and show them the dissolution judgement.

 

[quincy]

I have all of the documentation - I could send to the collecting attorneys and show them the dissolution judgement.

The creditor is not a party to your divorce agreement so it can take from your wages the full amount allowed under the law. You will need to seek reimbursement from your ex-husband any amount you pay over half the amount owed.

 

[not2cleverRed]

I have all of the documentation - I could send to the collecting attorneys and show them the dissolution judgement.

They are not going to care about that. The card is in your name, the debt is in your name.

You did not claim that he used the card for inappropriate purchases, and in the divorce it was treated as marital debt. Therefore, you both owe half. You seem to think he should pay off his half in a lump sum. He seems to think that a payment plan is sufficient, and is reimbursing you for half the garnishment.

Did the decree address specifically how this was to be paid?

 

[Zigner]

For clarity: The OP is paying the debt in full by way of a wage garnishment. Her ex husband has been ordered to pay half of that day, but is only paying half the garnished amount each month. In essence, the ex husband has chosen to pay in installments, and that is NOT what the court ordered.

If the OP takes this back to the court that issued the divorce, it's very likely that the court will allow a payment plan to be put in place. Of course, that payment plan would probably net a higher monthly payment than what the OP is getting now.


EDIT: Red - yes, I see now that this is what you said as well, except that I believe that, absent specific language, the court meant it to be a lump-sum payment.

 

[quincy]

This is an issue between mommacita and her ex, though, so mommacita needs to deal with her ex (possibly in court) and not try to force the terms of her divorce decree on the debt collector. The debt collector can collect from either or both of the credit card holders. The garnishment of wages is a legal way for the debt collector to collect.

 

[Zigner]

This is an issue between mommacita and her ex, though, so mommacita needs to deal with her ex (possibly in court) and not try to force the terms of her divorce decree on the debt collector. The debt collector can collect from either or both of the credit card holders. The garnishment of wages is a legal way for the debt collector to collect.

I disagree with the above. Generally because an additional cardholder isn't contractually bound in the way that the account holder is, and specifically in this instance because the OP is the only one with a judgement.

 

[quincy]

I disagree with the above. Generally because an additional cardholder isn't contractually bound in the way that the account holder is, and specifically in this instance because the OP is the only one with a judgement.

I agree fully with your disagreement.

I failed to make note of the "authorized user" status of the (now ex) husband.

mommacita is responsible to the judgment creditor for the full amount owing. mommacita's ex-husband is responsible to her for half that amount.

Thanks for the correction.

 

[adjusterjack]

I am ready to pay off my half. Ex will not talk to me about it and says he cannot afford any more than the half garnishment amount. What do I do?

You'll waste a lot of that money taking him back to court and he may end up with a court approved payment plan anyway.

If you are ready to pay half of the remaining debt try offering that amount to the creditor as a discounted lump sum full and final settlement. The idea being that they get a large amount (and their commission or profit) now instead of getting small amounts every month for years to come.

 

[mommacita]

They are not going to care about that. The card is in your name, the debt is in your name.

You did not claim that he used the card for inappropriate purchases, and in the divorce it was treated as marital debt. Therefore, you both owe half. You seem to think he should pay off his half in a lump sum. He seems to think that a payment plan is sufficient, and is reimbursing you for half the garnishment.

Did the decree address specifically how this was to be paid?

No it says: "Petitioner is ordered to pay 1/2 the debt owed to (Credit Card co name and city) from Kansas case no. ####-CV-######P that judgement being registered in (County, State).

 

[mommacita]

You'll waste a lot of that money taking him back to court and he may end up with a court approved payment plan anyway.

If you are ready to pay half of the remaining debt try offering that amount to the creditor as a discounted lump sum full and final settlement. The idea being that they get a large amount (and their commission or profit) now instead of getting small amounts every month for years to come.

Since he is only paying half the GARNISHMENT if I pay it off then why would he continue to pay me anything? He already makes me prove any increases in the garnishment amount. (I received a small raise, and the garnishment is a percentage of my income, so that changed the amount being withheld.) If I pay it off there will be nothing to show. I don't want him to keep paying me, he should pay the party who is collecting on the debt. I want the garnishment off my income.

 

[mommacita]

The creditor is not a party to your divorce agreement so it can take from your wages the full amount allowed under the law. You will need to seek reimbursement from your ex-husband any amount you pay over half the amount owed.

But if my half is paid then how do I get rid of the garnishment? Do I not still have to communicate with the debt collector party?

 

[mommacita]

But if my half is paid then how do I get rid of the garnishment? Do I not still have to communicate with the debt collector party?

And at some point have the ex paying them and not me?