My 22 year marriage to my husband ended in him having an affair. He left my daughter and I for this so called “younger” woman, married her 4 months after the divorce was final. He and she ran up an enormous amount of debt, and blamed our divorce and my award for his financial debt.
He and she filed for bankruptcy, and had debt discharged that was specifically listed in our court order or divorce decree. He has since taken me back to court had my alimony reduced from $2000.00/ month for 17 years to $1500.00 for a year and the judge wants to see a step down.
If that’s not bad enough, I have lost my job and also been diagnosed with Rumatoid Arthritis. He now wants my alimony to be cut and terminated in 4-5 years because my 20yr old daughter and I are living with a wonderful man, in which, we pay rent. I also am supporting her through Dental Hygienist School. He pays for her medical insurance and that’s it! He has given her $ 210.00 in the past 2 years!!
I just feel as though I keep paying for his infidelities! He is a Fire Captain for a major city and not much of a HERO in my eyes anymore!!!
Can I sue him for the debt specifically listed in the court order that he had discharged?
What court do I file in?
I’ve seen similar situation like this many times over the years. While you can certainly contact your divorce attorney and try to drag the deadbeat back into court, it will cost you a lot of money to do that and more often than not I’ve not seen it work out successfully.
What you may have to do is file bankruptcy yourself to eliminate your liability for the debt. When you get divorced you divorce your spouse and not your creditors. Now that he’s filed bankruptcy you will be the sole person responsible for repaying ALL of any joint debts you had together regardless of what the divorce says.
If you are going to hunt out an attorney I’d click here to find a local bankruptcy attorney. Besides, based on uncertain income from your ex-husband and your medical condition I think it is probably more irresponsible for you to attempt to repay the joint debt. There is little expectation that you will be able to and it just seems more logical to focus on saving any money you can right now to help you in a financial emergency.
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