Legal Question in Family Law in New Hampshire
My divorce decree from 6 years ago states that I am responsible for a credit card that was in my ex husbands name only in the amount of 2296.00, and that he either close the account out or be solely responsible for any more debt on the card after the date of the divorce. I paid 50 dollars per month online into his credit card account. He received the statements not I, I did not have access to them. I stopped paying the credit card a year ago after paying on it for 5 years when I realized I had paid a total of 3600 dollars. well beyond what the court ordered me to pay. I just found out that he never fullfilled his obligation to close the account out. Have I fullfilled my obligation since I paid beyond what the court ordered me and he neglected to close the account out, hence accumulating more debt on the card from fees and over limtis and is this his new debt on the account since he didn't close it out.
1 Answer from Attorneys
Unless you and your Ex can work out a private solution, you will have to petition the court to reopen the divorce and make equitable orders to enforce the original Decree. You will need to have all of the proofs of your payments and you will likely need to issue Interrogatories to compel your Ex to produce all the credit card records. There is a legal doctrine called "laches" which might be an impediment to your claim. In essence if you knew or had reason to know that there was an error, and failed to take reasonably prompt action to correct it, then you may be deemed to have accepted the result of that error. It would be up to your Ex to know about and plead "laches." if he doesn't raise it then you should be able to request assistance from the court that granted your divorce.
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