Legal Question in Family Law in Texas

Unpaid Marital Debt

My husband's ex-wife has not paid her portion of the marital debt from their marriage. She had a credit card (in my husband's name) that was awarded to her that unfortunately was not paid off prior to the end of their marriage. We are now going into 5 years of escalted harasment and letters from the credit card co.due to her stopping and starting payments. This is the only black mark on my husband's credit and is affecting it. We know the credit co. does not recognize the decree. Decree states she was to inform and hold harmless. She has never informed per the decree. She has only paid $1100 off in 5 yrs. We have certifed letters from his ex flat out lying that she sent payments and will pay the debt and gets her stories mixed up. To date she has made 1 payment in a year. We have offered her two alternatives to pay it off (she received a $42k inheritence in 1999 that we can prove)or for her to consolidate her debt. Ex continues to lie and harass us. Will a San Antonio court do anything about this or will we be the victims of the law? I refuse to pay the remainder of this debt, $5700, would it be worth even pursuing in court? We need help or solutions to get her to pay this?

Asked on 3/27/02, 11:44 pm

1 Answer from Attorneys

James Grissom Law Office of James P. Grissom

Re: Unpaid Marital Debt

You would have to seek enforcement and contempt for her failure to abide by the terms of the decree. I might cost you almost $3,000-$5,000 to purse. Too bad you didn't do this before she obtained the inheritance. It could have been attached for the payment. Your easy solution is to try to negotiate with the credit card co. for a reduced payment of the balance.

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Answered on 3/28/02, 9:12 am

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