Latest Posts
Home > Ask The Get Out of Debt Experts > I’m Being Sued by My Ex-Husband For a Debt in His Name. This Can’t Be Right! – Michelle

I’m Being Sued by My Ex-Husband For a Debt in His Name. This Can’t Be Right! – Michelle

Michelle

“Dear Steve,

My ex husband is stating he is sueing me for debt that is in his name that was stuck to me in the divorce.

I have paid thousands of dollars just to pay a lawyer to represent me in a child custody battle over the past year and a half.

He said my wages are going to be garnished for the rest of my life and knowing him, he will try and do just that.

I work straight commission in real estate and the market fluctuates on a daily basis as do my checks from my employer.

I’ve tried contacting there creditors and they wont even talk to me becasue the lines of credit aren’t in my name. I’ve tried to set up a payment plan with them with no luck.

Can my ex husband sue me and garnish my paycheck for debt that is his name that was given to me in our divorce?

Michelle”

Don’t miss our free Get Out of Debt – “How To” Guide Series on a number of topics, for loads of practical advice, tips, and help to beat back debt. – Click Here

The Answer

 

Dear Michelle,

It sounds to me like you agreed to assume the debt as part of your divorce agreement. In that case your husband can’t transfer his responsibility for the debt from his creditor to you, instead he in essence becomes a creditor of yours.

From what you have shared, he is apparently going after you personally for the debt you agreed to pay, but are not paying him. He still has to pay his creditor so he is trying to collect his contractual obligation from you.

The irony here is that he is doing exactly what I often advise people to do when their spouse fails to honor the divorce agreement. His course of action is his only recourse against you.

You should talk to a local bankruptcy attorney and see if you could break his demand against you with bankruptcy.

The new bankruptcy law made non-support obligations from a divorce or separation non-dischargeable in a chapter 7 bankruptcy if the discharge of the obligation would harm the spouse to whom the obligation is owed more than it would harm the person who owes it, your ex-spouse. 11 U.S.C. 523(a)(15). A debt that is non-dischargeable means that your ex-spouse is still responsible for it. – Source: Lawyers.com

Big Hug!

Im Being Sued by My Ex Husband For a Debt in His Name. This Cant Be Right!   Michelle
Get Out of Debt Guy – Twitter, G+, Facebook

I'm Being Sued by My Ex-Husband For a Debt in His Name. This Can't Be Right! - Michelle by

Share This and Spread the Word

About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Michelle

    There were no promised payments to him in our decree. The devision of our marital debts, and the filing of individual bankruptcy, was part of our divorce decree.

    Thanks.

    Steve

    • http://GetOutOfDebt.org Steve Rhode

      Michelle,

      Hum, odd one. You’ll need to speak to a lawyer, maybe your divorce attorney is the best place to start. Please update me on what you learn. I’d really like to know.

      Steve

  • Michelle

    My ex and I divided our debts during our divorce. Each of us filed bankrupcy. Mine was a chapter 7 and my ex filed a 13. Now my ex has informed me that he is going to sue me for half of what he had to repay in his ch 13. Can he do this? I don’t see how…I took care of my half of our marital debt.

    Thanks,
    Michelle in Colorado

    • http://GetOutOfDebt.org Steve Rhode

      Michelle,

      I think it depends on if you defaulted on promised payments to him in you divorce decree. You really need to consult with an attorney licensed in your state about this. Just keep in mind that bankruptcy only breaks the obligation between you and your creditor.

      Keep me posted on what happens.

      Steve

Get My FREE Get Out of Debt Guy Newsletter

It is the smart thing to do.

I promise to keep your email safe and secure.

Close

I want to keep you posted each weekday with just one email about the latest get out of debt news, scam alerts and information to beat back debt.

You can unsubscribe at any time with just one click.

After you subscribe, check your email to confirm your subscription. If the confirmation email does not appear in your inbox in a few minutes, check your spam folder for it. Sometimes it likes to annoyingly hide there.


  • It will keep you posted on the latest scams.
  • You will be alerted to the latest articles.
  • You will wind up smarter than everyone else dealing with debt.