I live in Georgia. My wife was previously married and in the divorce settlement with her ex, he was to assume several credit card debts. He has since stopped paying and we have been called by a creditor telling my wife they were going to garnish her wages. First, can they come after my wife for debt that was arranged by the judge for her ex-husband to pay.
MY RESPONSE: Yes. Your wife's marital settlement agreement does not change the credit card contracts. The MSA only affects her and her ex. The CC company couldn't care less about any agreement she and her ex has, or the court orders surrounding that agreement. The court order has no effect, whatsoever, on the CC companies.
Secondly, if her ex is in contempt of court, what are our options on this debt. Thank you for your time.
MY RESPONSE: First, time is of the essence. If your wife is going to do anything, she must do it now. Therefore, I would suggest that she immediately file an Order to Show Cause Re: Contempt of Court. Your wife's responsibilities to the creditors is to get that money NOW, and the only way to force the ex is through Contempt proceedings. Additionally, and despite the Contempt proceedings, if her ex decides to file for Bankruptcy, that will effectively wipe out any debt he owes under the current orders, and makes the State court orders regarding his obligation to pay the debts useless, throwing the full responsibility for the debts onto her.
Federal BK law always trumps State court orders. But, since he hasn't filed for BK yet, get into State court as soon as possible. At the very least, he'll suffer for the contempt of court PRIOR to any BK filing.
Good luck to all of you.
IAAL
