i have a question, my ex husband and i made a verbal agreement that when the tax refund comes that he gets the whole amount and i wouldnt be given half the debt we owed, it was written up in the decree about the debt he would take but nothing about the tax refund. he has now filed for bankruptcy and so i dont feel he should get my part of the refund that was to go towards him paying some of the cards off.. Would it be worth taking him to court to get my part of refund which was $3400.. we were still legally married when it was deposted into his account as well.
I am scared that a judge might make me then take my half of the debt if i was to get my refund amount. also none of the credit cards are in my name at all, only his.. and the divorce is final, could he then take me to court to make me take on half the debt after he has already filed for bankruptcy and that it says in the decree he is responsible for the debt.
I am not sure if this is worth pursueing?
thank you for your time
1 Answer from Attorneys
First, if your decree was granted more than 30 days ago, it is unlikely that you can reopen it. Even if the decree was within the last 30 days, it is not likely you would prevail; and if you did it may cost you more than half of the refund. It appears that your only hope would be if you could prove he defrauded you and/or the court, and it was done in contemplation of the bankruptcy filing.