Legal Question in Family Law in Texas
X Will Not Pay Her Bills
My divorce decree states that my x wife will pay off credit card debts in 30 days. It's been 6 months and she has not paid these debts. I am trying to buy a house, but cannot because of the bad debt.The credit cards are in my name. I realize the credit card companies don't care about court orders, and I am responsible for these debts.
What can be done to make her pay these bills?
2 Answers from Attorneys
Re: X Will Not Pay Her Bills
Mr. Fisk's reply is right on the money - court orders can not alter the rights of 3rd parties who are not participants in the suit. However, you might fight a motion for contempt against your ex-wife - she is in violation of a court order and can be sanctioned for it. However, if she is not paying because she doesn't have the money, the court will probably not sanction her. But it might be worth a try.
Best of Luck
Stephanie T. Shipp
Attorney At Law
Re: X Will Not Pay Her Bills
Unfortunately, even though your divorce decree says your spouse agrees to pay the credit card bill(s), if she does not, you are still obligated. The agreement you entered into is between you and your spouse, not between your and your creditor. In effect, your wife has agreed to pay what ou owe the creditor. If she does not, the creditor comes after you, and then you have to go after your ex. To protect yourself against this, make sure debts are paid in full before the divorce becomes final or get the creditor to agree in writing. If you trust your ex-spouse to pay and he or she does not, you may end up footing the bill.