Legal Question in Family Law in Georgia

Responsibility for Marital Debt in Settlement Agreement

It has been 2 years since my divorce. In that time my ex-husband has made no attempt to pay the approximately $18K in credit card debt assigned to him by a Superior Court in Georgia. All of this severely due and charged off debt is in my name and is preventing me from obtaining credit.

What recourse do I have? Is it possible to have these credit items removed from my credit file and transferred to his?

The paragraph in the settlement agreement assigning responsibility to him reads:

''Husband agrees that he shall be solely responsible for and pay on a timely basis the marital debts set forth in Exibit ''A'' attached hereto and incorporated herein by reference. Husband shall indemnify the Wife, defend the Wife and hold her harmless thereon from any liability or loss thereof, including reasonable legal fees and expenses of litigation. In the event that the Husband should conpromise any of said debts and such compromise should result in the issuance of a 1099 form which results in imputed taxable income, Husband shall be solely responsible for any tax liability associated with the same.''

Please help.

Can't-Get-Credit

in Charlotte


Asked on 2/09/01, 10:28 pm

1 Answer from Attorneys

Glenn Loewenthal Glenn Loewenthal, P.C.

Re: Responsibility for Marital Debt in Settlement Agreement

Sounds like you need to file a motion for contempt against him and have the court order him to pay.

Read more
Answered on 3/22/01, 11:11 am


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