Legal Question in Family Law in California
Credit card debt responsibility after a divorce
We were divorced in 1998, i took a joint credit card debt in the settlement. The actual account # was stated. He took my name off of that account after the divorce w/o my knowledge. He insisted that I make the payment to him ea mo. I asked him for the statements and he refussed. I called the card co. and they told me that that acct has been closed and has a 0 balance. He reported the cards lost/stollen in 2001 again w/o my knowl. He opened another acct in his name and transfered the balance. The card co. says he is responsible for that acct, not me. Is this true? Thank you! Wendi
1 Answer from Attorneys
Re: Credit card debt responsibility after a divorce
Although we don't have all of the information, it sounds like you would owe him the amount that was transferred to his new account. But it is his responsility to prove that he paid it off and must produce the documentation to prove that he paid off the debt. The issue of who owes the interest, and whether it is legal interest or the credit card interest, is up in the air. I would suggest you would owe legal interest, 10% simple interest, on the credit card debt that was paid off beginning on the date that he shows you documentation that he paid off the debt. If you know the balance of the credit card debt as of the date of your agreement, I would suggest that you pay him that amount, without interest. More complete facts may change my advice. Good Luck, Pat McCrary
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