Legal Question in Family Law in California
Community Debt
My divorce settlement required both of us to pay the credit card debt ($14,000). He has not paid for this. I have been paying to protect my credit and I have the debt down to $6,000. He insisits that he gives me enough money for this with my alimony. I say that it is separate from alimony payments. He refuses to pay. Is he correct that this comes out of my alimony? We are both listed on the credit card.
2 Answers from Attorneys
Reply: Community Debt
In a general sense, it would not come out of spousal support unless specified in the Judgment. Your Judgment is the controlling document. You do have some options available to you.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Community Debt
hopefully you still have a copy of your divorce documents. If so, you can read if the court specifies that the credit card debt is to be paid for your alimony. Most likely not, since your spousal support is for you to pay YOUR debts, not the debts of the marriage. If it isn't clear, then maybe your attorney or the paralegal can clarify. You have several options as to how to get your spouse to pay. Give me a call and we can discuss at no charge.
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