Why did my ex not pay my divorce debt?

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Why did my ex not pay my divorce debt?

It was an amicable split and, as stipulated in the divorce decree, I took some of our combined debt and she took one of our debts in the form of a bank credit card. She remarried and together she and her new spouse decided not to pay on the debt that she assumed in the divorce decree. They declared bankruptcy and listed me as one of the creditors.

What happens to credit card debt in a divorce?

If you both decide to not pay it off, then both of you will see your credit scores dip. During a divorce when you are splitting up assets, it’s a good idea to consider using some of those proceeds to get rid of the joint credit card debt.

Can a spouse ignore a debt after a divorce?

Even if one spouse is made responsible for paying a debt following the divorce, and even if it’s a joint debt, such as a car loan, they could ignore those payments. If the other spouse is part of the loan — as a borrower or co-signer — they are on the hook for any default, late fees or collection costs.

Who is responsible for unsecured debt in a divorce?

Joint responsibility for unsecured debt Unsecured debt like credit cards is the fiscal responsibility of both parties in a divorce. If you both decide to not pay it off, then both of you will see your credit scores dip.

It was an amicable split and, as stipulated in the divorce decree, I took some of our combined debt and she took one of our debts in the form of a bank credit card. She remarried and together she and her new spouse decided not to pay on the debt that she assumed in the divorce decree. They declared bankruptcy and listed me as one of the creditors.

Can a debtor be held responsible after a divorce?

Something not discussed though is the fact that a contract you have with a debtor doesn’t change regardless of who is ordered to pay which debt. In other words, if your name is on a car loan or home mortgage you will continue to be held responsible post divorce for those debts.

How is marital debt split in a divorce?

Let’s say it is decided that the marital debt will be split equally between you and your ex. You are to pay half; he is to pay the other half. What can you do if he doesn’t pay his half and you have to pay to protect your credit rating?

What happens if you and your ex wife do not get together?

You and your ex should get together for the purpose of forming a common front. If you do, that answers the third issue. The divorce judge will not do anything to you for not making the payments as ordered so long as neither you nor your ex-wife file a petition against the other for nonpayment of the debt ordered to be paid in the divorce decree.

How is the payee spouse protected in a divorce?

The payee spouse – usually the wife – is thereby protected if her ex’s income drops precipitously, or if he engages in risky business ventures, or if he would otherwise just stop making support payments for any reason.

Can a judge order an ex to pay bills?

In that case it is you. Your divorce agreement doesn’t change your existing obligations to your creditors. So even if your ex agrees to pay the bills as a part of your divorce settlement or was ordered to do so in a divorce decree signed by a judge, the agreement or decree is binding on you and your ex alone.

Can a judge enforce the terms of a divorce decree?

After all, the decree is a legally-enforceable court order. Unfortunately, ex-spouses sometimes fail to comply with the terms the judge ordered. If your efforts to get your ex-spouse to honor the divorce decree have failed, you have the right to seek enforcement of the divorce decree through the court.

What happens if my ex doesn’t follow the divorce decree?

My Ex Won’t Follow the Divorce Decree. What Now? When a divorce is finalized, both parties are given a final legal document detailing all settlements and arrangements agreed to during the divorce process, including child custody, child support, spousal support, and property division.

What happens after the judge signs the divorce decree?

Even after a judge signs the order, the divorce is not actually finalized until it the court clerk enters the judgment into court records. The documents will be date stamped and copies will be mailed to each party (or the lawyers representing the parties).

Who is entitled to a copy of a divorce decree?

Brette’s Answer: Documents that are signed by the court are sent out by the court, but if you are represented by an attorney, your copy goes to the attorney. However, you are entitled to a copy of anything you signed.

Can a judge enforce a divorce decree without an attorney?

Unfortunately, ex-spouses sometimes fail to comply with the terms the judge ordered. If your efforts to get your ex-spouse to honor the divorce decree have failed, you have the right to seek enforcement of the divorce decree through the court. You may be able to do so without hiring an attorney by following these steps. 1.

How does not paying your mortgage affect your ex partner?

Not paying your mortgage will affect your ex-partner’s credit file in the same way it’ll affect yours. You’ll both go into arrears which will make it harder for either of you to obtain a mortgage in the future. Can I Remove My Ex-Partner’s Name from the Mortgage?

Who is responsible for joint debt after divorce?

Even though you’re now divorced, you’ll still have to pay towards any joint debts you have with your partner. That’s because you took out the credit agreement when you were still together and this doesn’t change after your divorce. The same is true if you had a joint mortgage together – you’re both responsible for the whole mortgage.

What happens when your partner is in debt?

Money struggles can affect all areas of life. It can cause arguments in a relationship, especially if the other person feels a sense of guilt or blame. And even though the debts may not be directly attached to you – you may be feeling the same financial worries as your partner.

What happens if an ex partner owes you money?

If you’ve taken out a loan or borrowed money on a credit card in your name to help an ex-partner, you may find yourself in a difficult situation if you can’t prove that they promised to reimburse you. If you stop making repayments on the debt, the lender may pursue legal action against you, which could be devastating for your credit rating.

Who is liable for debt if one partner cannot pay?

This means that each partner is liable for the full debt if the other cannot or will not pay. Caroline Hamilton, debt counsellor with debt counsellor debt the Consumer Credit Counselling Service (CCCS), says: “If one party is more able to pay, the bank will certainly chase that party.”

What happens if I refuse to pay my ex’s bills?

If your ex gets laid off or refuses to pay, the creditors may come after you for payment. If you refuse to pay on the grounds that the debts “belong” to your ex-spouse, your credit will be damaged and the creditors may sue you. If you do pay the bills, your only remedy is to try and get your ex to reimburse you.

How much did Dwyane Wade pay for his divorce?

It was estimated that the three-time NBA champion paid an estimate of $10 million in legal fees. Funches made Wade’s life miserable off the court, suing him for not paying alimony and $25,000 child support. Both cases were dismissed. Not only that, she was on the streets trying to besmirch Wade’s reputation.

Why did my husband’s first wife demand half his pension?

After his first marriage, my husband’s first wife demanded 50 per cent of his private pension during the divorce settlement. Now she is dead. She died of cancer and was not able to get half of my husband’s private pension. His son has demanded his mother’s share though there was no will left.

What was the most expensive NBA divorce of all time?

The 6-time NBA champion paid approximately $168 million to his former wife Juanita Vanoy. In addition, he reportedly paid for $2.1 million in legal fees. Its considered one of the most, if not the most, costly sports divorces of all time. The two were married for 17 years and had three kids.

Is there a way to enforce a divorce settlement agreement?

I found out the hard way that divorce settlement agreements are made to be broken, or so my ex-husband thought. I also learned the hard way what steps one has to take to enforce the agreement and make sure that, in the long-run, there is some meaning behind it. Divorce settlement agreements can be fairly basic.

How does a divorce settlement work for Susie and John?

(John and Susie, for example, each keep their traditional IRA, they divide Susie’s Roth and John’s 401 (k), they divide John’s annuity, and John pays Susie an equalization payment.) Do you each retain your own accounts, whatever they are, and have one spouse make an equalization payment to the other?

What’s the divorce settlement for Ken and Jan?

Marital Profile: Ken and Jan have been married for five years and have no children. They both entered into the marriage with established careers, earning similar salaries. Divorce Settlement: The marital assets are split 50/50 between the spouses. There is no spousal support or child support.

Do you have to pay taxes on a divorce settlement?

An exception to this rule, however, is a transfer to an ex-spouse as part of a divorce settlement. A Qualified Domestic Relations Order (QDRO) is used to affect this transfer. Income taxes still apply, so any assets you receive from a “qualified plan”, such as a 401 (k), will be subject to a mandatory 20% tax withholding.

Why did I give my ex boyfriend £3, 000?

A few months before we split up I lent him £3,000 towards paying off some credit card debt he was being hassled for and he promised to pay it back shortly afterwards. However, despite saying he would pay me back soon, I am still no closer to retrieving my money and he is denying knowledge of the loan.

What happens when one partner has more debt than the other?

If one partner has more debt than the other—or if one partner is debt-free—the sparks can start to fly when discussions about income, spending, and debt servicing come up. People in such situations may take some solace in knowing that debts brought into a marriage stay with the person who incurred them and are not extended to a spouse.

Can an ex partner get half of a house?

Mortgage warning for unmarried couples as ex-partner gets half of house. Ex-boyfriend entitled to half share 17 years after split even though he did not pay mortgage, appeal court rules.

What to do if your ex partner owes you money?

Explain that the debts are not yours and that your ex-partner no longer lives at this address. If creditors continue to chase you for debts that aren’t your responsibility then you could ask the credit reference agencies to unlink your names on your credit record.

Who is responsible for your partner’s credit card debt?

When one or both partners have debt coming into the marriage, the debt belongs solely to the person that incurred them. Say, for example, you have $15,000 in private student loans in your name. Your spouse-to-be has $10,000 in credit card debt in their name. Neither of you would be responsible for the other person’s debt in that scenario.

What happens if your partner has a lot of debt?

There are many reasons why relationships fail and the stress caused by debt is a common one. However, if your partner has a lot of unpaid debt and moves out, you may find that collectors and bailiffs pursue them at your address. This can be quite scary but you need to stand firm and not allow the debt recovery professionals into your home.