Divorce and joint accounts

[wxguy]

hello all,

Need some help. I dovirced last year...part of the settlement had me taking on the debt...most of it is in both names.

Well...I am considering filing Ch 7 due to finances and large amount of debt...$53,000 in unsecured loans. I agreed to take this on for a reduced alimony and child support..

The divorce settlement holds me responsible and not dischargeable..

If I file..they will come after her...an she cannot pay..

What will happen. I am woried but feel handcuffed. Should I worry...can she sue me...

I am drowning in debt now..unanticipated... need to do something ..filing would give me a new start...

please help...advice..

Thanks,
Mike

[HHM]

Without seeing your divorce decree or knowing what state you got the divorce, there is no way to answer your question.

Assuming you live in a community property state, and the Divorce Decree makes some reference to you indemnifying her against the debt and that if you fail to do so then she can come after you for additional support, then yes, she could sue you.

[wxguy]

We divorced in Florida..which I don't believe is a community state.

Also, the decree makes menton of indemnifying...but makes no mention that if I fail to indemnify her...she can come after me for additional support.
So.. with this nfo...can she still come after me and win? I did an initial meeting with a bankruptcy lawyer and he warned me not to file if she can come after me..i would get the bankruptcy but lose in he end...again.

thanks for the hlp...

[HHM]

I agreed to take this on for a reduced alimony and child support..

Then what did you mean by this? Is that arrangement anywhere mentioned in the divorce decree?

[wxguy]

No, it is not mentioned. we agreed to this as a settlement...if I took on the debt. she agreed i would only pay 300 each child for child support..600 total. and reduced my alimony....i am retired military and she could have gotten half...but we settled for her geting a third..

so..i thought this was good...maybe not...


so.. i need to file...but those credit cards are joint..

would they go after her? asumng yes...she would file for bankruptcy??

if she sued because of the divorce decree...is this something i should worry about??

[HHM]

These are complicated legal questions that are beyond the scope and purpose of this forum to address. Sorry.

As a general matter, if they were joint accounts, then yes, the credit card companies have the option to pursue the ex-wife for payment of the debt.

[wxguy]

i understand..and dont't want o go down the legal avenue either...

what if i file..but reaffirm the debts that are joint...so only the ones in my name i declare bankruptcy on..is this possible?