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BM's Share of Credit Card Debt

Redsonya's picture

BM got the house, a newer car, a boat, and spousal support. DH got an older truck and an old jeep that didn't even run. He also got all of the marital tax and credit card debt. Plus he agreed to $2500 a month support on a $4000 a month income. Yep, it was not smart of DH, but I think alot of guys get guilted into ridiculous situations. We have since fixed most of this - support is less than half and we have an agreement filed with the court to get the house back if she can't refinance when SS13 turns 18.

DH has not been able to keep up with all these payments (obviously) and is considering bankruptcy. BM so helpfully gave his creditors my home phone number. We live in a community property state (CA) and so legally the credit debt is half hers. If DH can't pay them, the creditors can choose to go after her because they were not a part of the divorce agreement. I thought I might return the favor and next time I get a letter from a creditor, send the creditors BM's contact info and SS# (I have it from a copy of their old tax return). Even if they just explain to her that the debt is also hers and bug her a bit, that would be great:) I am tired of her inaccurately calling their joint income taxes "DH's business tax", and going with the incorrect assumption that all the credit cards are his responsibility when they were used by both of them during the marraige and benefited them both.

Thoughts?

oldone's picture

If he does chapter 7 bankruptcy the debt all becomes hers. If he does chapter 13 she gets a free pass. So if he at all qualifies for chapter 7 he should take it.

Redsonya's picture

Good to know! I don't think he will qualify for Chapter 13 since we are married and I have a good income. Sounds like Chapter 7 would be something of a win for us, if he can't qualify, lol.