Legal Question in Family Law in California

Re: Debt in a divorce

What did the judhgment say about these particular debts? if the partytom whom they wer assigned does not oay them, and the other party is held liablwe (remember the divorce was the lawsuit between you and your spouse and has no effect on the rights of third parties, such as creditors) then yu can get an order from the court for reimbursement, and if the dissolution was done properly, any legal fees you incurred as well.

Re: Debt in a divorce

Probably not, and probably yes. Unless the court judgment says you have to pay the credit cards not in your name, the credit card people have no right to go after you and by going after you they are actually in violation of the Fair Debt Collection Practices Act--for which they can be sued. You can bring a motion to modify spousal support based upon the bills you paid or are going to pay for your ex spouse.

Re: Debt in a divorce

Although you are not directly liable for debts that were incurred by your spouse, the creditors may collect the debts from your share of the community property.

Whether you are entitled to a credit against your spousal support will be up to the judge -- you are certainly entitled to ask for a modification based on the debts you are paying.