Legal Question in Credit and Debt Law in Ohio

My daughter is going thru a divorce , Her soon to be ex has medical bill that he has had before they were married and after . He was suppose to be making payments , but he wasn't . So they came after her. They told her she had to make payment arrangements or the will garnish her wages she agreed for the fact they were still together , but now since they are getting a divorce . She called them and told them she wants to stop making payments and to have him make the payments since hes getting disabilty checks now , They told she would have to pay until the debt is paid in full, and if stops they will take her to court and start the garnishment. Does she have the right to stop making payments.

Asked on 10/28/13, 8:47 am

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison
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In Ohio, no creditor can garnish anyone's wages until the creditor sues the debtor in court and gets a decision in the creditor's favor. If you daughter's name is not on the account, then they are going to have a difficult time proving that she is responsible for the amount owed.

As for the significance of the divorce, the divorce court will divide up the assets and liabilities of the marriage into two categories: Marital and Pre-Marital. Any debt or asset that is marital will be divided between the two parties to the marriage. Any debt or asset that is Pre-Marital will not be divided between the parties.

If the divorce court orders one party to pay a debt and that debt is not paid in accordance with the Court's order, then the wronged party can ask the divorce court to hold the non-complying party in contempt of court for failure to follow the court's order.

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10/28/13, 10:39 am

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