Legal Question in Credit and Debt Law in Arizona

Failure to comply with Divorce Decree

Divorce Decree (divorced in 2004) stated that X wife was to pay on a $5000.00 credit card. She called and said she was going to file bankruptcy (Feb-09) and add the credit card to it. It would have affected my credit so we made a verbal agreement that I would pay it off (3/13/09) and she would pay me back when she could afford to do so. She has given me $200.00 in 4 years. She has been in hardship the last 3 years but her situation has changed . She acts like it's never existed. What can I do?


Asked on 6/26/12, 7:35 am

1 Answer from Attorneys
Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

It depends. You had notice of the bankruptcy... and you only had a verbal agreement. You can run this back through the family law court, but I doubt that it would do any good... you were both jointly liable to the creditor who was not a part of your divorce. If she discharged the debt in bankruptcy you would still have had to pay all of it... and your verbal agreement... "when she could afford to pay it off" sounds really vague... she could have discharged the debt in bankruptcy and you chose to pay it off and take the risk that she would pay you back.... that didn't seem to work out for you.

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Answered on 6/26/12, 8:23 am


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