Divorce Decree

Who's Responsible for the Bills After a Divorce?

My divorce decree states that my ex-spouse must pay 1/2 the debt. Instead he filed bankruptcy.

One creditor that was on the bankruptcy is showing a charge off and the new collection agency that bought the debt has re-aged it.

How do I get this off my credit report?

Does the statute of limitation apply for the state you opened the card in or reside in now? Should I pay this now? It has been almost 5 years.

Darcie

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When you get a divorce decree splitting debt, action has to be taken to enforce it. Your creditors and collection agencies will not let you off the hook, especially if you were a co-signer, unless some steps are taken.

In your case, your lawyer should have seen to it that your ex-husband either refinanced half of the debt solely in his name removing your exposure to his share or promptly repaid his half. Apparently this didn't happen. So the collection agencies will chase you.

The good news is that spousal and child support obligations won't be discharged by the bankruptcy court. However, I am not certain if the obligations that arose out of the divorce decree can be or not. You will have to check with your divorce attorney or with a bankruptcy expert in your state. Your divorce lawyer should also work with you to get the creditors off your back.

As far as the statute of limitations goes, you will have to read the credit agreements. You might be bound by the laws of the state the creditor resides in or in some other state - New York is a common one. Otherwise, the statute would be based on where you are now. Again, a lawyer can tell you what your state's statute of limitations is and whether if applies in your case.

I would consult with a lawyer before making any decision about repaying the debt. I do not have enough information to reach an informed conclusion and, even if I did, I am not licensed to give legal advice in the state where you live.

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