Legal Question in Family Law in Texas
I agreed to pay all joint debt that was incurred during our marriage in my divorce decree. I agreed to pay all debt by October 2009. It is now Feb. 2010 and I have only paid one third of the debt. I have, however, paid my (contractualy agreed upon) spousal support on time for the last three years. She is now threatening to take me back to divorce court for not paying the remaining debt by the deadline. Can she do this (for debt....not alimony) in court? What punishment would I likely be facing for not paying this debt in the alloted time?
1 Answer from Attorneys
I suggest you see a bankruptcy attorney.
The divorce court may try to enforce the debt provision by contempt if your ex can show that you could have paid the debt but simply chose not to.
A bankruptcy may prevent attempts to collect the debt during the term of the bankruptcy. Your ex would be barred by federal law from attempting to collect the debt. If you receive a discharge in bankruptcy, you would not have to pay the rest of the debt.
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