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Leo1960

Having to pay deadbeat ex-husband's debt

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When my Daughter and her ex divorced the judge divided up their assets and debts. She was to was given the more expensive vehicle because she was able to keep paying on it while he couldn't.

He took the less expensive vehicle. Their credit cards and other bill that were owed were also divided between the two. She has a full time job and he has no job or works on his family's farm and works 

odd jobs for cash. Anyway, he stopped paying on the bills that he was supposed to take care of and she is now being saddled with those also, because those credit card companies are garnishing her wages.

She has also been told that she now owes on a loan that she can't remember even signing for. What kind of recourse does she have for this? She has been told that she cannot file for bankruptcy unless he also he agrees to it also, which he said he won't do.  She is getting so far in debt now that we are trying to help as much as we can.  This is in Kentucky. Please help!! 

Edited by Leo1960
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The divorce court can apportion the couple's debts between them but has no power over the creditors.  The creditors are not parties to the divorce and can continue collection against either or both parties.  Her recourse, if the ex-husband is not paying the debts the divorce court ordered him to pay, is to seek to have him held in contempt of the divorce court.

 

She does not need her ex-husband's permission to file bankruptcy.  Whoever told her that is flat out wrong.

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13 hours ago, Leo1960 said:

What kind of recourse does she have for this?

 

I can't tell if this question relates to all of the debt or just the one that your daughter cannot remember.  You wrote that your daughter's wages are being garnished, which means at least one creditor has sued her and obtained a judgment.  There isn't much she can do about that other than try to negotiate with the creditor or file bankruptcy.  As to any creditor that hasn't yet sued her, she is free to request verification that she agreed to the debt.  As far as her ex-husband, she can seek to have him held in contempt of court, although that may not be of much benefit to her.

 

 

13 hours ago, Leo1960 said:

She has been told that she cannot file for bankruptcy unless he also he agrees to it also

 

Told by whom?  That's pure nonsense.  Even if they were still married, she could file bankruptcy without him.

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Hi @Leo1960

 

Welcome and thanks for your post. As RetiredinVA mentioned, dividing up debt during a divorce can be complicated because the divorce judgment divides obligations, but the creditors will continue to go after both parties for payment. Your daughter may want to speak with a family law attorney about enforcing the terms of the judgment, and/or a bankruptcy attorney about her options moving forward.

 

Best of luck to her!

The FindLaw.com Team

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