New here...I was referred by another message board. Here's the problem: My husbands ex-wife was given a joint credit card debt in the distribution of debts and assets...rather than my husband cancelling the card her left it to her to do...BIG MISTAKE...anyway she ran it up way of $10K...has not made payments in over 7 mos...she is now on a credit plan but it has ruined his credit... Is there anyway to prove to the CC company that it is her debt (i.e., divorce papers)? and will they accept that as such? I realize that the CC company is a third party and usually they do not care about state courts but there has be some kind of loophole. I have done some digging on the web about separation of assets and debts and have found where the courts will hold her in contempt but what can he do about disputing all of this with the company directly? At the rate she is paying she will not pay it off for at least 25-30 years and there is no way he wants to be associated with her that long.
Good luck. The divorce decree isn't binding on the CC company or alter their original agreement with him. Gib
Just heard this on Tom Martino the other night, The CC's don't care. If both names are on it, regardless of the divorce decree, they can pursue you. DH can file a civil case against her in court and pursue her, then try to clear his credit. Hubby should have cancelled, never leave it to an EX, I feel badly for you, but wish you luck...........
Been there. No, the CC company won't give a rat's ass about the divorce decree. They were not a party to the divorce and thus the decree is not binding to them in any way. Your husband can always take the EX to court, especially if the divorce decree had a clause such as "and to hold the Husband harmless" from the debt that was awarded to her. That, of course, takes time and even if you get a judgment against her and she doesn't have the money to pay, you're in a hole again. It would not hurt for starters to close the CC account so that she can't do any more damage. We actually had luck with our credit union, whom we sent the divorce paperwork and asked to close the account for good and not re-issue cards. CU complied and it saved us a lot of money. Good luck to you, I know how such a situation feels. PawMix
Thank you PawMix for the advice. The ex's credit counselor asked for the MSA presumably to see if she is the liable one...I know legally he is too but she seems to be making the effort until she finds out the husband and I are seeing the lawyer today to file a motion of judgement. This was the lawyers idea. We paid $905 to get it out of delinquency and the motion will take away her part of his military retirement when he retires. I have to say I love your quote about he radioactive cats LOL!!!
I see you've already found out the distressing news that it doesn't matter what the divorce decree says. I found out the hard way as well. If there is any agreement about military retirement, have it reviewed by SEVERAL lawyers, preferable ones versed in military matters. Perhaps contacting the JAG office is best. Make sure the agreement is clear whether she waives retirement rights permanently or just for a certain period of time. And make sure SHE agrees to WAIVE her rights. Otherwise she may be able to come back when he retires and still get a share of his retirement. My situation was the opposite. My ex wanted me to waive rights to his retirement but I wouldn't. He then had the wording put in so that it wasn't the required wording. When I had a lawyer review the paperwork, he didn't know all the ins and outs of the law governing military retirement. When I later filed the paperwork for his retirement, it was declined because the proper wording wasn't in the original decree. It took two years and $4000 to get it fixed. Anyway, that's why I suggest that you have someone who is very well versed in the laws that govern the payment of retirement to ex-spouses. If the wording isn't right, it will be ignored and she may still get part of his retirement.
What our lawyer said was that it would be garnished only for what she owes in the money he paid the CC and for attorney and court fees. She still gets the retirment after this money is paid but since we are going to the lawyer today I will be sure she understands that the ex must agree to waive her right to it...but if the judge agrees to the motion would she still have to waive her right...I am sure there are other ways to get the money such as out of CS or garnish her wages...seems like it will be up to the judge. BTW. Do you know if the personal statements on a CR will help in gaining credit for him? if he states that it is actually hers? will creditors care if he can prove that is was her that ruined his credit and not him
It depends. Many creditors do an automated review, only look at scores or their version that is computed from the information on the credit reports. In these cases, statements do no good as there is no way to factor them in. If you go someplace like a credit union or a local bank, they will often do a manual review, then it could be taken into account. Of course, at that point you can also often just give them the information outside of the credit report.
Ahhhhh I see what you are trying to do! We did the same with my DH's ex (yeah, military too). Our atty fired off a motion for contempt. During the hearing, the judge was trying to figure out how to make the ex pay, so our atty suggested that DH be allowed to keep the money he sends her every month as the pension distribution until the debt is paid in full. And no, she did not need to agree, the judge signed an order and that was it. The pension payments are to commence again after the debts are paid. Dearest, don't forget to ask your attorney about charging interest on the debts too. Depending on your state, it may actually be allowed. Hope it works out for you, I really do know what kind of a pain in the ass such situation can be. PawMix
Thanks for the info. I did not even think about interest. I guess we will address that the next time b/c I guarantee it will happen. I cannot say anymore since we actually filed for a mtion of contempt and judgement today...wont' she be surprised...I will post when I know something more...probably January
