What can we due about debt incurred in violation of a divorce decree?

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What can we due about debt incurred in violation of a divorce decree?

My girlfriend separated from her ex about 2 years ago, between them they had about 25k in credit card debt which was split 50/50. She was/is the primary account holder on the cards and had been making her payments. He has put another 6k in debt on the cards despite the divorce decree that states that “neither party shall incur any additional debt on any joint account”. Now he is filing for bankruptcy and we are getting collections calls on a debt that isn’t “legally” ours. What can we do to right this situation and how can we protect our family?

Asked on October 2, 2010 under Bankruptcy Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that she should seek legal help in the matter.  She may have to commence a lawsuit against him based upon breach of contract and and file an objection to the listing on the  bankruptcy petition - although she is not yet a "creditor" - based upon whatever reason the law n your state allows - fraud - whatever!  I may even see if I could file any criminal charges against him in the meantime.  You need to find a good reason to have that money removed from the bankruptcy.  The credit card company was not a party to your divorce agreement and they do not have to care that he was supposed to pay half. They can come after both of you.  Why the cards were not closed upon the divorce is a mystery here.  Good luck. 


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