Legal Question in Family Law in Georgia

My divorce has been finalized over a month and now my ex says he is going to file contempt on a debt I am not paying. The settlement agreement does not list the debt as my responsibility anywhere and says he is responsible for any and all debt in his name secured by any assets or collaterol.

The debt is solely in his same and he secured the loan with the house when we were married. In 2008, however, there was a judgment against him (we were separated and I was unaware of this) for this debt which he signed in Magistrate Court that it was his debt and he would re-pay.

He is now saying that since I got the house in the settlement and the debt was originally secured with the house, then I am responsible for that debt.

Can he file contempt or re-open the case if I don't pay?


Asked on 7/02/10, 2:11 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

None of us have read your decree or the agreement so no one here can answer. The attorney who represented you in the divorce is the person you need to ask as they would be familiar with the terms.

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Answered on 7/02/10, 5:33 pm
Paula McGill Attorney at Law

Based upon the information you provided, it does not appear that you should be liable. In other words, if the order says absolutely, that he is liable for all debts in his name, he has to pay the debt.

If you had a lawyer during the divorce, you should discuss the matter with counsel. If you handled the matter on your own, I am available to review the order and advise you accordingly. (770)367-1234.

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Answered on 7/03/10, 7:08 pm


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