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Divorce court order say BM pays Credit Card DEbt, but how can I tell if she actually did...divorce was 5 years ago.

liks's picture

DH and I are looking to buy a new house...move away from this horrid place that was once the 'happy family home' of him and the BM and 2 x ss :sick:

now the divorce Court order of 5 years ago specifically stipulated that BM bitch face was to pay out 30k worth of credit card debt....

Im now starting to think that this debt was never paid....DH when asked seems to not give me a straight ansa and Im a little annoyed about sucking up the BM's debt in our home loan, but if the cards were actually in my DH name and BM was just the secondary card holder then I know there isnt a bank in this country that can make her pay....

So can someone let me know how I can check if these cards were actually paid by her as per the court order....? Im thinking she would have either made a large deposit to do so, or maybe she had to provide a receipt of payment to DH lawyer...

Anyone have any idea?

buttercookie's picture

run a credit report on your husband your allowed one free one from all 3 credit agencies once a year.

Anon2009's picture

You can have DH call the credit card company and/or go to their website, click the "Contact Us" link, find the right email address and email them and attach a copy of the court order. Save all of the documentation they give you and if she hasn't paid it, take her to court and let her try to find an answer for the judge. I hope this works out for you. You shouldn't have to take care of BM's debt.

SusiQ's picture

Just because it's in a court order, doesn't mean anything. If your DH signed the paperwork then he's on the hook. Now granted I think you can pay it and then take her to court for it but companies are not bound by the divorce decree.

thankfully, in our case - DH was smart enough to only take the debt he signed for - she got everything else that either she signed for alone or signed for him (fraud)

herewegoagain's picture

Yep, yep, yep...this seems to be a BM thing. Same thing with my DH...idiot BM never paid the debts she was to pay, never paid the home she was living in and the card companies, mortgage company didn't care...my DH's name was on it, he had to pay. They did in fact go after both, but since his ex is a thief and she somehow got a new social security number (probably by fraud), she was able to skip those things and my DH got stuck with it. Come to think of it, he is STILL being charged for health club memberships, etc...that he never even had...she took them out while married in HIS name, with HIS credit...and she never paid them back. These woman are crazy.

The best thing you can do to protect yourself is get all the things paid, then have a lawyer send her a letter with the copy of what the divorce decree stated asking for the money back...if she refuses, sue her...a decent judge will make her pay your DH back...

Of course, I told my DH this and he didn't want to do it because it would ruin his relationship with his daughter...but at the end of the day, she ruined it anyway so now we are not only out of the money, but he has a pathetic relationship, oops, no relationship with his daughter.

lmac's picture

Yeah it really sucks. BM here is supposed to be paying $300/month in insurance while my husband pays $600ish/month in CS. So I suggested we see about just paying her $300/month ($600 (CS) - $300 (insurance)). Um, can't do that. So we have to continue to pay her the only income she has and just deal with it that she hasn't paid for the kids' insurance in SIX YEARS.

liks's picture

OMG I cant believe this....

I would love to sue that bitch....God I would have the best eva feeling as I see her get a blast from the judge for alienatting her children from their dad and getting sued to repay money she was ordered to pay and never did....

Where do I start....

hmmm Gotta find out if she paid the cards first...hmmm wheres that court order????

I actually dont think the CO had any credit card numbers on it...just amounts and Discovery cc etc...

paul_in_utah's picture

Same thing happened with us. SS20's "perfect" bio-daddy took SS20 to the Emergency Room for a tummy-ache. My DW had insurance on SS at the time (this was a few years ago). "Pefect" bio-daddy never told us about the bill, and of course, with his busy video-game schedule, couldn't be bothered to actually file the bills on insurance. After a couple of years, they went to collections, and guess what? **I** got to pay the bill, since my DW didn't have the money for such a bill.

This is without a doubt the biggest BS rule in our country. As a step-parent, married to someone who had kids, YOU are ultimately responsible for the step-kids debts if their bio-parents don't pay. As a step-parent, you of course of no legal rights to the kids, but you are damn sure on the hook for the bills!

liks's picture

Yeah well thats where we are at right now....wanna move out of here...DH has all this unsecured debt in his name and its way too much for one person....so I believe its hers....

CO says she was to pay 20k or so from a 78k house payout .....wots a bet none of it got paid and now we are stuck with it....

DH seems to be dodging me everytime I bring it up....

Any Ideas how to handle this?

skylarksms's picture

Tell your DH that since you guys are going to be having a major purchase, you have to pull your credit reports. You can get them once a year for free (NOT at freecreditreport.com tho).

THIS will tell you in black and white, the information your DH is skating around.

BMHater's picture

I feel you, girl. The BM I'm dealing with was ordered to pay half of their credit card bill (about 12K) and then close the account, but she has gone on several shopping sprees running the card up to 18K now with no intent on stopping anytime soon. It seems that any store with trashy clothes (from what I've seen on Facebook) and a credit card machine is just too tempting to pass up and I have a feeling that DH (the D is for dumb in my case) will let it slide and just pay her share to get the card closed finally. We're well off so it really wouldn't affect us too badly financially, but it's the principle of the matter. When you're court ordered to do something, you do it.

mella's picture

FYI it may be possible for DH to close the account with a balance. He will still have to pay down the balance, but she would be unable to rack up new charges.

hippiegirl's picture

And our DH's can't for the life of them understand why we hate their ex-wives so much?!?! Un-freaking-believable! The REAL wives go without or get inconvenienced because our DH's messed up their lives when they were younger! :sick:

planningMyEscape's picture

Oh good lord, for your sake I hope she has been paying them. My SO had his credit DESTROYED and had to file bankruptcy because he trusted BM (dumb thing to do) to pay bills THAT HE GAVE HER MONEY TO PAY. She took the money and didn't pay them. By the time he found out, there was no way to catch up.

Redsonya's picture

Yep - happened to me too. As soon as BM filed for separation she took her name off all DH's credit cards and he got stuck with $20,000 worth of credit card debt. She took their house (which is underwater so I don't care) and can't refinance in her own name after three years. Because the court's reduced the insane support agreement he made with her (dumb, dumb, dumb) by half, she stopped paying the mortgage 6 months ago and the house is in foreclosure. We offered 101 ways to help keep the house from foreclosure, includng taking it over for her and renting it to her. Nope - she wasn't going to let me take this underwater asset away from her. It is much better to sit around until the sheriff shows up to remove her and the kids. Don't let me get started on their joint taxes, which were paid in 2008 by a portion of BM's tax return. She is now in the middle of an innocent spouse claim to try to get out of paying anything and told DH if he contests it, he is taking food out of the kids mouths. All this while she works 30 hours a week and goes to the desert with her ugly boyfriend during her three week Xmas break instead of looking for work. DH's credit is destroyed so I am helping him file bankruptcy and they can come after BM for the second mortgage on the foreclosure. I own our home in my own name and have great credit so we'll be fine, thank goodness, while DH rebuilds his credit. BM on the hand is screwed.

jojo68's picture

Unfortunatley promissory agreements superceed divorce decrees...should be able to tell by pulling a credit report on all three bureaus...if she hadn't paid I'm sure the collectors would have already been after youir hubs...Hope it all turns out well!