Legal Question in Family Law in California
Sue over damaged credit and back debts
I was recently divorced. We have and MSA that states she is responsible for debt x, y, and z. Debt x has not been paid on for 6 months and is damaging my credit. The creditor contacted me and is demanding they be paid. My name was the cosigner name so they can legally pursue me. I still owe her about $2500 in equalization payments (in the form of alimony). She has also stated that she plans to file bankruptcy. So the question(s) is..... If I pay the debt do I have to continue ''alimony'', or if she files bankruptcy and I pay the creditor do I have a right to sue her by not complying with the MSA and damaging my credit ?
2 Answers from Attorneys
Re: Sue over damaged credit and back debts
If suit is brought against you, then you may join her in the action via counterclaim. Contact me directly.
Re: Sue over damaged credit and back debts
There is no direct offset between the spousal support and the debt. However, you may wish to bring a motion to terminate the spousal support based upon you paying the debt that she was required to pay. Also, a debt ordered paid in a dissolution action is presumptively not dischargeable, however, you may need to file an objection to the discharge in the event that she files for bankruptcy. You would need to talk to a bankruptcy attorney about that issue. Good Luck, Pat McCrary
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