While having the ability to make payments on debt obligations is enough
of a struggle alone, some debtors have to deal with an ex-spouse who has
yet to start paying their share of the debt. You may have a divorce agreement
that details that is responsible for making payments on certain debts,
but it may become a problem when the ex has not made payments. Creditors
are now coming after you instead of your ex. So how should you handle this?
This may be a good time to consider exploring your options with a qualified
bankruptcy lawyer in Dallas / Fort Worth. You can get answers to basic
questions to help you understand how to handle the situation and if bankruptcy
is an option. Since you had a divorce agreement in place you have legal
rights against your ex-spouse, such as a hold in contempt of court.
In some cases, if the ex-spouse files for protection and the other spouse
does not, you could seek to repay or reimbursed for debt you paid based
on the divorce agreement. This would be if you were forced to pay on debt
your ex-spouse was responsible for paying until they became no longer
able to pay towards it.
Keep in mind if you and your spouse were obligated to pay the debt, the
creditor has a right to pursue both of you, even if you are divorced with
an agreement in place. Your ex-spouse may have agreed to pay the debt
even though you are also liable for any outstanding balance. If you file
bankruptcy and eliminate your obligation to pay, creditors may pursue the ex-spouse
unless they get protection as well.