Any divorce lawyers out there? I need some help!?

Question

My boyfriend got divorced 3 years ago, 6 months after his wife left him. She had been seeing another man for at least a few months before she told him she wanted a divorce. She doesn't know my boyfriend knows she was seeing someone else, but he does b/c she moved in with the guy soon after she asked for the divorce.

While they were married, she racked up about $24,000.00 worth of credit card bills, all in her name. Without consulting my boyfriend (her then husband) she took a loan out, using her parents as cosigners, to pay off the $24,000. worth of credit card dept.

During the divorce hearing, she asked my boyfriend to pay for half of the loan amount, since they were married when she got the loan. They told him that it was also his responsibility (even though the loan wasn't in his name) since they were married when she got the loan. He was still very upset that she left him, and just wanted to get the divorce over with, so he agreed to pay half of the debt and he signed the paperwork.

While they were married they purchased two dogs at $1000. each, which she kept. A furniture set for the living room, which she kept, etc. He worked full-time and supported them both during the year, and she worked in the summer only...the money she earned she used to purchase big items which she kept after the divorce. While they were married, my boyfriend had credit card debt of his own. She hasn't had to pay off any of his debt. So, he's stuck with her debt and his.

When he didn't make the first few payments to her she took him to court, and each time since when he has been late on a payment she's threatened to call the police on him.

My question is, is there any way he can have the amount he has to pay her decreased? Can he take her back to court and see if they decrease it....using the points that I've made here? or is it too late?

Answer 1

I think you need to step aside and let him handle the situation with his ex.

To answer your question, they were married so everything has to be share between the two of them. He could have fight that when he had the chance but didn't then he accepted to sign the papers and to pay whatever they wanted  him to pay.

One word it is too late. Now he simply has to deal with it.

Answer 2

He could always try, but I think he's pretty much SOL. Because by signing that agreement at their divorce, he already assumed responsibility for paying his share of that debt, The time to fight that was then not now. In the eyes of the law he's acknowledged responsibility for paying the debt and he's going to have to live up to the agreement. You can't renig on a legal contract because you decide after the fact that it's not fair to you.

Answer 3

It's too late.  He agreed to it and the courts don't typically reverse such orders, especially if he didn't contest anything.  He can try to fight it, but he might end up spending almost as much on attorneys as he's trying to get out of paying.  It's sad that it worked out that way, but he should just pay it all off and consider it a life lesson learned.  He does need to re-read his divorce decree though.  The courts typically don't order one person to pay the other directly.  If his divorce decree doesn't specifically state that he is to pay the money to her, he should pay it directly to the creditor and not her.  This gives him documented proof that he has paid toward the debt.  If she's not using the money he's paying her toward the debt, she could try to be shady later and say he didn't pay it.

Answer 4

It may be too late, you might want to find a local attorney that will give you a free consult on this but I think it is too late, although maybe if he can prove she used the loan to pay off her personal debt in her name that would have been hers after the divorce, if this wasnt taken into account they might consider it.  Not sure how much it would cost as far as a retainer, probably 1000-2000 around here.  but thats better than 12,000.  Good luck.

Answer 5

it is too late. he signed the papers. u can't change your mind every two months