I just need a little clarification and advice here as I'm way out of my depth...
Five years ago my ex-wife and I got divorced after 1.5 years of marriage. We had no children, and she paid for and got a no-fault divorce. This divorce included a distribution of debt which included the provision that I should make "equalizing" payments to her for debt incurred under her name on my behalf (to the tune of $11,950).
Less than a year later she filed for bankruptcy--discharging all the debts I was supposed to make equalizing payments on. I.e., she charged portions of her credit card balances to me (in the divorce decree), and then had all of her credit card balances discharged in bankruptcy.
Fast forward to present day.
I always thought that since her debts had been discharged in bankruptcy it would mean that I wouldn't have to make equalizing payments on her discharged debt. As I understand Section 524(A)(2) it sounds like I'm right. Yet my ex-wife has filed a contempt of court charge against me because I haven't paid the $11,950--even though the equalizing payments are supposed to be for debt she no longer has.
My question: do I still have to make the equalizing payments even though her debt has been discharged? We had no children and no provision for spousal support in our decree so this is strictly an equalizing payment issue.
Thoughts?
Also, who would I see for a consultation on this issue? a bankruptcy attorney? a family law attorney? both?
Help!
Thanks in advance, Abe
Five years ago my ex-wife and I got divorced after 1.5 years of marriage. We had no children, and she paid for and got a no-fault divorce. This divorce included a distribution of debt which included the provision that I should make "equalizing" payments to her for debt incurred under her name on my behalf (to the tune of $11,950).
Less than a year later she filed for bankruptcy--discharging all the debts I was supposed to make equalizing payments on. I.e., she charged portions of her credit card balances to me (in the divorce decree), and then had all of her credit card balances discharged in bankruptcy.
Fast forward to present day.
I always thought that since her debts had been discharged in bankruptcy it would mean that I wouldn't have to make equalizing payments on her discharged debt. As I understand Section 524(A)(2) it sounds like I'm right. Yet my ex-wife has filed a contempt of court charge against me because I haven't paid the $11,950--even though the equalizing payments are supposed to be for debt she no longer has.
My question: do I still have to make the equalizing payments even though her debt has been discharged? We had no children and no provision for spousal support in our decree so this is strictly an equalizing payment issue.
Thoughts?
Also, who would I see for a consultation on this issue? a bankruptcy attorney? a family law attorney? both?
Help!
Thanks in advance, Abe
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