QUESTION

In my divorce. My ex was to pay a credit card in my name. It gave no time limit and as long as min. Payment was made till payed was fine. But now I find out he hasn't been paying it and it's in default. I've become unemployed and may go BK. Does he have to pay me the money or he just get out of that one free because my BK. Dose it make our entire divorce agreement void/reopenable. Him taking that is part disision for me giving up some things. It makes an already uneven division even more uneven in his favor.

Asked on Mar 10th, 2011 on Family Law - Nevada
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In my divorce. My ex was to pay a credit card in my name. It gave no time limit and as long as min. Payment was made till payed was fine. But now I find out he hasn't been paying it and it's in default. I've become unemployed and may go BK. Does he have to pay me the money or he just get out of that one free because my BK. Dose it make our entire divorce agreement void/reopenable. Him taking that is part disision for me giving up some things. It makes an already uneven division even more uneven in his favor.
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Family Law Attorney serving Las Vegas, NV at Willick Law Group
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In Nevada, case law dictates that a party who is ordered to pay off a credit card and does not may be subject to further orders to reach the overall distribution of property and debts that was intended.  See ............................ Martin v. Martin, 108 Nev. 384, 832 P.2d 390 (1992) August, 1988 Decree ordered child support and for husband to pay two Visa credit card accounts. He filed bankruptcy in September, and had them discharged in April, 1989. Wife filed a motion for spousal support; after evidentiary hearing, court found debt payment terms "characterized as being in the nature of alimony, maintenance and support" and so ordered support in an amount sufficient to repay wife for credit debts now falling to her. Here, "hold harmless" provisions qualified as maintenance or support, since court found that without it "spouse would be inadequately supported." Here, husband's assumption of debt was tied to agreement for lower child support; when he breached agreement, he left her inadequately supported. While discharge was proper, he could not discharge obligations arising out of decree. [NOTE: Court apparently did not address timeliness question of how wife could file a motion for alimony nearly a year after divorce was final; there may be additional procedural facts not recited in opinion.]............................. The bankruptcy adds another wrinkle.  I'd suggest first contacting your bankruptcy lawyer to ensure you understand the effects of it on all aspect of property and debt orders from your divorce, and then speak to a family law attorney.
Answered on Aug 19th, 2011 at 4:22 PM

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