Legal Question in Family Law in Montana
Maiden name
My husband and his exwife were divorced in Arizona, but the custody order was done in Montana when she moved there. We live in Idaho, but are currently in the process of having the custody court order redone (to gain full custody) in Montana due to her breaking almost every order the judge wrote. My husband wants to know if he can have the judge order her to take back her maiden name (she's still using his last name) because she had been running up bills AFTER the divorce and then having companies bill my husband. He refused to pay them, telling them they had been divorced for a couple years. Ended up going to creditors, they chased him down and he paid them to save his credit. Is there a law stating a man can make his exwife change to maiden name? Thank you....
1 Answer from Attorneys
Re: Maiden name
No there is usually no way in Idaho to force her to give up her married name after the divorce. At least I have never seen it done. Its her legal name now. Your husband does have rights agaonst creditors that are his ex's creditors under the Fair Debt Collections Practices Act. He should never pay her debts incurred after the divorce. He should send the creditors a certified showing that they are divorced and he has no liability for these debts.
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