Legal Question in Credit and Debt Law in Texas
Am I held responsible for my ex-husband's credit card charges?
Almost four years ago my husband and I divorced. During our marriage he got several credit cards in my name. He charged almost $12,000 on several of these cards. In the divorce papers he said he would pay the charges. Now I am being sued for almost $9,000 by one of the credit card companies he charged almost $6,000 to. I am a single mom of our three children, he hasn't paid child support for almost three years, and I am a waitress. I cannot understand how I can be held responsible for his charges, when he was ordered by a judge to pay them and when it takes all I have to simply keep my family afloat. Can I go to jail for this? Can they garnish my wages? Is there anything I can do? If it went before a judge, what are the choices in what they can do to me? Please help me.
Traci
1 Answer from Attorneys
Re: Am I held responsible for my ex-husband's credit card charges?
They can't garnishee your wages, or send you to jail, or seize your vehicle. You may have some defenses against the lawsuit, but that would have to be something that an attorney could determine by looking at all the facts.
The hard part is that both spouses are responsible for community debts incurred during the marriage. The ageement incident to divorce isn't binding on the creditors, since they weren't part of the divorce proceedings.
You could sue your ex for indemnification, based upon your divorce decree. But if that was worthwhile, the creditor would have gone after him, instead of going after you.
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