If my husband’s ex-wife files bankruptcy on a credit card she was to have paid as per their divorce, what to do if the creditoris now coming after my husband?
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If my husband’s ex-wife files bankruptcy on a credit card she was to have paid as per their divorce, what to do if the creditoris now coming after my husband?
My husband and his ex-wife got divorced 9 years ago and when they split their debt she was to pay on a credit card but she was never on the card as a user. She used the card from for several years and racked up $7,000 worth of debt. She filed for bankruptcy but because she was never on the account they are now coming after my husband for this money. Won’t she be in contempt of court for not paying on that account? We have no money for a lawyer so were not sure what we can do?
Asked on February 21, 2012 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Oh boy. This is the reality of what comes out of divorce "agreements" for debt. Since the credit card company is not a party to the divorce and the agreement they are not bound by it. Yes, you can sue her directly as she is i breach. And yes,she is in contempt of court too. BUT, and this is a BIG BUT, You could run in to a statute of limitations problems, which will allow you to actually sue her. So you really do need legal consultation. Try legal aid or your state bar association. Good luck.
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