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Small claims

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What is the name of your state? NC

My ex husband and I have been divorced for 10 years. When we got divorced, he got the house and pretty much everything along with it. We had joint custody of our son.

We of course had debts together and I was required to pay our credit card that was recieved when we were married. I make way less than he does, as he works for the state. I filed bankrupcy in 1996 and put that credit card on there, so I thought. The card company started bothering him and we discussed it and I was in no position to pay anything. He did not pay support at the time and I was having to raise my son on my own. He agreed to settle with them and pay it off since he knew I wasnt in any position to do so.

Last year I filed for child support. He in turn filed for custody. Almost a year went by and we finally settled, me winning custody and him having to pay support. It was agreeed in the agreement that he is to pay support from November until it gets garnished. It has been signed by a judge.

Now he wants to take me to small claims court to get back the money he paid for the credit card. I am struggling as it is and we are about to take him to court because he has not paid a cent in support like ordered. I have been told I have nothing to worry about since I have no assets and he owes support. I live paycheck to paycheck and it is worse because he refused to pay support until it gets garnished. Does he have any vailidity to his claim? Thanks!


Senior Member
"Now he wants to take me to small claims court to get back the money he paid for the credit card. Does he have any vailidity to his claim?"
*** Based solely on the information in your post, MAYBE. If this was your debt and he paid it as a result of your bankruptcy, then he could come after you for his 'damages' incurred in paying on your behalf. (And before anyone brings up the bankruptcy, that would only discharge your debt to the lender, not the party who paid it on your behalf.)

However, I doubt that you will have any problem with this. First thing I would do would be to introduce his outstanding child support debt and have any judgment amount that he might get offset by his debt. In essence, he will get nothing from you except a reduction in his outstanding child support.

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