Legal Question in Family Law in Utah

My ex-wife has been using an old credit card that was opened as a joint account, years ago.

It went through a long period of disuse and believed it to be closed as it does not show up on my credit report.

She has run up 20K in debt on this card almost all since the divorce finalization.

I was unaware of it.

She claims to want to pay it back using assets not yet distributed to her.

One is the house, which she will get half the proceeds from - but it is just being put on the market.

The other is a 401K which has not been dispersed yet.

She claims to want to cash that out immediately to pay the debts.

The accounts are closed now, but the debt is outstanding and I am on the hook for them. I would prefer to not hurt my credit.

I was thinking that I could get a document that would state that she is responsible for this debt and somehow attach repayment to the oustanding assets.

The QDRO for the 401K is net yet turned in, can an agreement like that be included in that?

I am not sure that this is still part of the divorce, but it sounds like it is an after-the-fact thing.

What would be the recommended way forward?

thanks


Asked on 6/24/10, 10:52 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

It is unclear who owns the 401(k) and has possession of the house, or whether there is any equity in the house. You should first close the credit card. Second get a written signed agreement from her regarding how the funds are to be repaid (make sure they are only from her share.) It would be wise to reduce the agreement to a stipulation and order that can be recorded with the court, so there is a record. If she fails to keep the agreement, then you can return to court and get sanctions against her.

You may call for a free consultation.

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Answered on 6/25/10, 10:19 am


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