What to do about a bill that my ex-spouse was suppossed to pay?
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What to do about a bill that my ex-spouse was suppossed to pay?
The judge in my divorce (6 years ago) split a water softener bill between my ex-husband and I. The bill was split down the middle; we both had to pay half. I paid my half, then assumed that he paid his half. Also, he was the primary on the account. The company is now suing me for the full amount of the balance (an additional $3500 more than what we paid for the unit). Should I hire an attorney or do I have no legal ground not to pay? I now live in another state. The home was sold at a foreclosure auction 6 months ago.
Asked on November 12, 2012 under Bankruptcy Law, Virginia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Many people assume that because the divorce decree says that a debt it the other spouse's debt that the same order is binding on the creditor. Because the creditor is not a party to the divorce, the creditor is not bound to that order. This means that the creditor can come after you for the bill. However, you are not without a remedy. If your husband is not already included in the suit on the account, then you can file a petition to have him brought in. You can also file an enforcement action in your divorce and sue your husband for the expenses that you are now having to pay to defend this suit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, you do not have grounds to not pay. The order or judgment in your divorce does not bind or affect anyone other than you and your ex-spouse. The company can seek payment from you, if you were on the account or otherwise liable for it, regardless of what was ordered during your divorce. Your recourse is to in turn sue your ex-spouse for his share of the bill, since he would be liable under the court order or judgment.
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