Legal Question in Credit and Debt Law in Wisconsin

My ex-husband has medical bills that he refuses to pay which are sitting on my credit report. Our divorce decree states that he is responsible for his medical bills.

How can I get these off of my credit report? I can not afford to pay for them, can I take him to small claims court to force him to pay them or remove my name from them? Or do I file a contempt of court action?


Asked on 3/05/14, 8:20 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, you do have remedies in state court to take your ex back to court to enforce a divorce court order. While going back to divorce court for contempt will have the most teeth, small claims court might also be worth a trr. There you can proceed to a second lawsuit for wage garnishment if you can first get a money judgment and your ex is making a good income at a steady job.

None of these, however, will magically produce money where no money exists. If your ex is too poor to pay, you may therefore be wasting your time, no matter what you do. The good news, however, is that you have a constitutional right to use the US Bankruptcy code to discharge medical debt, as well as most other types of debt, regardless of your ex's failure to live up to his divorce court obligations.

My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. or past online answers at the following links: http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney or at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain advertising materials. .

Read more
Answered on 3/06/14, 6:04 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Wisconsin