Expert: Michael Brotherton - 6/28/2008

Question
My divorce was finalized in February of 2006. I have recently discovered that my ex-husband has failed to remove my name from the joint credit card we had prior to our divorce (which he was to do per our divorce decree). To my understanding he let his current wife use the card and max it to over $18,000.00 dollars post our finalization date. He is currently delinquent and over the limit on the mentioned credit card. I have paid my share per the divorce paperwork however due to the fact that he is over 6 months delinquent it is starting to affect my finances. To top every thing he tells me he is in the process of filing for bankruptcy.I would like to know if there is any legal action or procedure I could follow to protect my current family and I from further harm he might cause us

Answer
This is a very common problem. One of the problems is that unless he gets a loan to pay the account off they cannot remove your name from the account. And if he filed bankruptcy the creditor can come after you to collect the money.

Creditors do not recognize these types of divorce agreements since the divorce judge has no jurisdiction in these matters and cannot require the lender to remove your name from a credit account.

The only legal option that I know of is to file contempt charges against him through your divorce court. This is a long shot since divorce causes a lot of financial problems for people and many end up filing bankruptcy.

One thing you might make issue with is since he is supposed to be paying the card and they used the account recently you may file a claim on the bankruptcy or object to the discharge of this debt in bankruptcy. You may need an attorney to do this or at least do your homework and file the motion. Even if he doesn't list you as a creditor you should file the motion and object.

Talk to a couple of attorneys and ask them what is needed to file contempt charges against your ex and to object to his bk discharge.

I hope this helps. Keep me posted.

Mike