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”
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
