What to do if my husband is violatingour divorce decreeby not paying creditcards that he is supposed to?

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What to do if my husband is violatingour divorce decreeby not paying creditcards that he is supposed to?

As outlined in the decree, he is responsible for 2 cards that we are co-account holders on. He is delinquent on both and now my credit is being hurt. I closed both accounts but they won’t remove my name until the balance is paid in full. How can I sever my financial ties to him (i.e. remove my name from the accounts forever)? How does taking him to court work and what will it accomplish? The total amount owed comes to just under $26,000, almost all of which was incurred during our marriage but Inever activated a card associated with either account.

Asked on September 15, 2011 under Family Law, Washington

Answers:

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

Answered 12 years ago | Contributor

You have hinted here on what you think you need to do - take him to court - and I think that you are correct in your assumption.  He is in violation of the divorce agreement and the court order.  One is a breach of contract and the other is contempt.  If he is held in contempt then he can be fined or jailed.  Judge's do not like it when people disobey their orders.   You may ask the court to modify the divorce agreement and decree and ask for the money outright to pay the cards. Different courts in different states handle the matters differently.  It may be best for you to call your attorney that handled the divorce and speak with him or her about your options and what the outcomes.  God luck.


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