My divorce agreement states that my ex-wife is responsible for paying credit card debt that is in my name, but the bills are totally hers. The divorce decree has been in effect for 16 months, and while she has paid small portions or the credit card bills, there have been numerous late notices and penalties that are affecting my credit rating. Do I have any recourse to get her to get these bills out of my name and only in her name?
Secondly, I co-signed two college loans for her, both of which are being paid with very little frequency, again resulting in a poor credit rating for me. Is there anything I can do about this?
4 Answers from Attorneys
It sounds like you need to head back into court and file either a modification of your judgment of divorce or a contempt, depending upon whether your spouse is in clear violation. You should take your divorce judgment to an attorney to help you determine exactly what the rights and obligations of the parties are. If the agreement was not properly drafted in the first place, this may be more difficult.
File a contempt action.
The lanugage in your Separation Agreement the key to whether can file a contempt against her for failing to follow the court order.