Legal Question in Family Law in New York

Resposibility of Debt

In my husbands divorce agreement his ex was responsible for a certain credit card debt. (the card has since been cancelled) Five years later she is still paying off the balance of what was initially only a 2000.oo debt. She got tired of paying off the balance and changed the address on the credit statement and sent it to us. We in return sent the bill back to her with the copy of the divorce agreement stating that she was reponsible for the debt. She has since started paying the debt. She has paid the debt late on several occasions. It is now becoming an issue of our credit because the debt is in our name. Does my husband have the right to take monies owed to her for this debt? IE Alimony, child support, extras? We are tired of the game every month of having to check whether or not she paid the bill or not. And with my step son in college we cannot simply pay off the balance ourselves.


Asked on 9/07/03, 9:10 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Resposibility of Debt

This is a difficult issue for you. It is always hard in divorce when the finances remain entangled after many years. You may not 'set-off' any support payments.

However, that does not mean you are at her mercy. Your best option may be to sue the person in small claims court for the total amount and move to collect it; using the money to pay the credit card company. This is not a difficult procedure and I would be happy to assist you (the debtor is responsible for the costs - about 200.00)

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Read more
Answered on 9/09/03, 12:50 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York