Legal Question in Family Law in Texas

What is the best and least expensive way to get a divorce decree enforced in regard to debts the ex-spouse is required to pay? These are medical bills and income taxes, and not related to alimony or child support.


Asked on 4/09/10, 2:55 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Unfortunately, the "pay the debts" provisions of divorce decrees are basically unenforceable.

IF the ex fails to pay one of "his" listed debts and IF that creditor squeezes money out of YOU for that debt, you have the right to sue the ex and get a money judgment ... which you can then try to collect (good luck). The "pay the debts" provisions are NOT enforceable by contempt (unless they have to do with a transfer of property that's already in existence).

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Answered on 4/14/10, 3:08 pm
Keith Engelke Law Office of S. Keith Engelke

If your ex guaranteed the medical bills, you could file individual bankruptcy, which would send the collectors after him. Past due Income taxes cannot be discharged in bankruptcy unless they are of a certain age. If they were on joint returns, a discharge would send the IRS after him. See a bankruptcy attorney.

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Answered on 4/14/10, 3:38 pm


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