Legal Question in Family Law in Georgia

Spouses non-compliance with divorce agreement

My ex-wife & I were divorced in 1997. She got everything, I took part of the marital debt & she did as well. It was spelled out in the agreement & we held one another ''harmlss'' for the debt we agreed to pay. She filed bankruptcy, Chapter 13, in 1999 and never told me. Now, one of the creditors she was obligated to pay is appearing on my crdit report which is harming me financially. She has threatened, harraseed me for the past 8 years. I still am paying child support for a kid over 18 who does not want to work and is going to ''school.'' She tells me she will not pay this debt and to take her to court. This is hurting me. Do I have any legal recourse? I am hurting financially, suffering because of this debt on my credit, have tried to get the credit bureaus to remove it & they refuse. I have tried to re-finance & will have to pay a higher interest rate because of this & also had to pay a higher rate on a car loan. I was held to the exact letter of the agreement by her, shouldn't she be held to it as well? I have had expenses for mailings, credit reports, higher interest etc. This woman makes three times what I make,just re-married, just bought a very expensive home and basically has told me too bad, you pay it. Help!


Asked on 8/02/04, 9:17 am

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

Re: Spouses non-compliance with divorce agreement

A debt cannot appear on your credit report unless you signed or co-signed the debt. If not you can have it removed. This has nothing whatsoever to do with the divorce agreement, as a divorce agreement does not change if you are on a debt.

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Answered on 8/02/04, 10:07 am
Tahira Piraino Tahira P. Piraino

Re: Spouses non-compliance with divorce agreement

It appears you were/are on the debt since the creditor is now pursuing you for payment. Unfortunately, the settlement agreement cannot bind a third party. Although your spouse has the legal right to declare bankruptcy, she may be in criminal contempt for her failure to pay the debt. You may wish to pursue a contempt action. The other issue is your child. Is he really in school and if so, is it full-time? Is he working? You may be able to stop child support if your child is not attending school or for other reasons.

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Answered on 8/02/04, 11:03 am


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