Legal Question in Family Law in California
divorce, joint debt and bankruptcy
My husband has about $15,000 of joint debt with his ex wife, and he is the primary on 2 car loans with her. They also filed 2002 taxes jointly, & he owes $2500. At the time of their divorce they signed a document that stated they had under $10K in joint debt-they had over $20K not including 2 cars. I don't know if that has any significance-but I thought I would mention it.He was recently involved in an automobile accident which prevented him from paying the $2500 to the IRS. He called and set up monthly payments for one year. Since this incident, his ex-wife has decided that he isn't a responsible adult capable of paying their joint debts. She is threatening to take us to court. I was wondering if she has any case against him that we should be worried about. He pays all of his bills on time but we are still worried that she may try to sue us.
In the even that she tries to sue him-he was thinking of filing for bankruptcy. If he does this, what will happen to their joint debt? Will she be responsible to pay it, and if so can she sue him for that too?
2 Answers from Attorneys
Re: divorce, joint debt and bankruptcy
It appears you need to consult with an attorney. Too many unanswered questions. Bankruptcy is a drastic action and should not be a reflex action. 800-685-6950
Re: divorce, joint debt and bankruptcy
He will be discharged by the bankruptcy from paying the debt. However the ex wife will be liable for these debts. That is a factor that the family court can take account in making orders for support.
However, it is unlikely that you really have anythng to worry about. The family court would consider that to be a violation of the agreement. If the family court does not have jurisdiction, civil court would probably find no damages were incurred.
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