Legal Question in Family Law in South Carolina

Hello,

My ex-wife and I divorced in May of 2008 in SC.

I thought we declared all credit cards & debt but we missed a JCPenney card.

My ex-wife re-married in July of 2009 and moved to Virginia from SC.

She charged to a charge card which is in both our names which was originally opened in 1996 and which had a $0 balance in July of 2009 (after she re-married).

She has not made any attempt to pay this card. On my credit report it says "responsibility is joint with ".

The current balance is $174. Her new husband will not pay and says "let the divorce decree stand". The divorce decree lists which debts we are each responsible for and this card is not listed. Do I have any rights in escaping payment of this card (which is now in collections)? The collections representative claims I am the primary cardholder.

New info, because I asked the collection agency to prove to me that I made the purchase(s) they turned it back over to JC Penney. I'm not sure what this means either. I've always honored my commitments so am not familiar with the "system".

Thanks in advance for answering my question,

Brian


Asked on 8/24/10, 11:31 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Most of the time, there is also a catch all phrase in the divorce decree that will say "and any other debts in his/her name." Your best remedy will be to pursue a contempt action against her, but of course that will be dependent upon the exact language of your divorce decree.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 8/30/10, 5:40 am


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