Lawyer Help

[pug]

cavy1-

If I am understanding your question, you are asking if your friend could be responsible for 1/2 of his wife's credit card debt that was run up after the divorce. If this is what you are asking then the answer is definitely no.

Now, if it is a joint credit card, then the credit card can still come after your friend. However, he could reopen the divorce to get reimbursement from her if she was assigned the debt in the divorce and the credit card company collected money from your friend. It would be unusual to keep a joint credit card open after a divorce for this reason.

If you are asking about debt run up in her name during the marriage instead of after the divorce, that, at least here in Michigan, is marital debt. Marital debt can be assigned to either spouse in the divorce Judgment regardless of whose name is on the debt, but in most cases it is assigned 50-50, unless it was run up for gambling, for a girlfriend/boyfriend, drugs, or something like that.

 

[MadJack]

If you are asking about debt run up in her name during the marriage instead of after the divorce, that, at least here in Michigan, is marital debt. Marital debt can be assigned to either spouse in the divorce Judgment regardless of whose name is on the debt, but in most cases it is assigned 50-50, unless it was run up for gambling, for a girlfriend/boyfriend, drugs, or something like that.

Be assigned by who? Suppose it's not assigned by the judge in the divorce? How could the CC people go after the spouse when he didn't have his name on the card or ever charge anything to the card?

 

[pug]

MJ- Sorry to not be clear. The credit card companies can only come after you if your name is on the debt. However, in a divorce, the judge can make you pay a debt of of your spouses that is not in your name. The payment of that debt would be enforced through the family court and not via a collection action from the credit card company. All debt in a divorce is assigned to one spouse or the other.

 

[kellyindallas]

We're busy, that's why we don't return calls. Most likely he has a higher priority issue, like Pug says. Also, his client may not be paying him that much and it's just not important.

It is rude and unprofessional, but you get some of those in every profession. He's not making enough money from the deal to make it worth his time to get to it quickly, is the most likely answer.

 

[MadJack]

MJ- Sorry to not be clear. The credit card companies can only come after you if your name is on the debt. However, in a divorce, the judge can make you pay a debt of of your spouses that is not in your name. The payment of that debt would be enforced through the family court and not via a collection action from the credit card company. All debt in a divorce is assigned to one spouse or the other.

That's what I thought I knew. Thanks and enjoy that setup you have planned for Costa Rica. Wow!

 

[ageecee]

We're busy, that's why we don't return calls. Most likely he has a higher priority issue, like Pug says. Also, his client may not be paying him that much and it's just not important.

It is rude and unprofessional, but you get some of those in every profession. He's not making enough money from the deal to make it worth his time to get to it quickly, is the most likely answer.

Oh we figured that too but a month come on thats ridiculous. I dont think hes busy its just that this matter is not important to him and hes probably not making any money off of it.

 

[kellyindallas]

Oh we figured that too but a month come on thats ridiculous. I dont think hes busy its just that this matter is not important to him and hes probably not making any money off of it.

I hear you. It is incredibly rude and annoying. Hope you get it wrapped up soon.

 

[ageecee]

I hear you. It is incredibly rude and annoying. Hope you get it wrapped up soon.

i hope so im trying to sell my house which has a title issue and i have a buyer who was wanting to move in the house in November.

 

[T.Woods]

Never had a problem with them getting back to me :shrug: