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