Legal Question in Family Law in New York
Credit card debt
In divorce court I was ordered to pay on a credit card that belonged to my ex-wife. I was only on the account as an authorized user. The debt was 29995.97. I made it clear that I did not have the money to pay it all at once and I would make payments. She was ordered to close the account and not use it. She did not close it and she in fact used 5 times after the date I began paying. The credit card company could not discuss the account with me because it was not mine and I received no statements for 2 years. I no longer made it a priority of mine due to some poor legal advice (from an attorney). I paid 3000.00 on the account and sent it back to my ex. She has since sued me for the outstanding balance. This is an ongoing issue, my divorce was finalized in 1998. My question is, can a judge order someone to pay someone else's debt? What are my options?
2 Answers from Attorneys
Re: Credit card debt
You should pay the amount due on the credit card per the court order. You would also pay some interst, if it accrued on the amount that you were obligated to pay. The remainder would be her obligation.
Re: Credit card debt
Forgive me for stating the obvious. But, you asked the question.
YES, A judge CAN and DID Order you to pay your EX-Wife's credit card bill. Since, you did not Appeal the Decision or Judgment, you remain obligated to pay, per the terms of your divorce judgment.
Please be advised, that the law and Courts generally consider all members of a "partnership" to be individually and collectively obligated to pay any and all debts of the "partnership," notwithstanding the "title" of the debt. AND, married persons are {generally assumed to be} in an "economic" partnership, with each other, during their marriage.
Good luck,
Phroska L. McAlister,ESQ
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