Question:
My divorce was final Oct 04. in Dec 05 my exwife consolidated her credit cards onto two cards that had had my name on them (joint). These cards had a zero balance and I thought they were closed, the credit card company has records where she took cash advances and paid off her other credit cards. We have three children together and joint custody. I have the children at least 50% of the time and that is soon to increase due to her taking a job traveling out of state a lot. I pay all of the insurance, M.D. bills, school lunches / activities etc. Court decree states we are to share all children related expenses. I have not received any money from her since Oct 05. Needless to say I can't afford any other payments. She is having a hard time making the payments and the credit card companies refuse to take my name off the cards. AM I RESPONSIBLE FOR HER DEBT?
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Kentucky. Was your name still on the cards when she took out these loans to pay off other debt? Was it after divorce? She is not entitled to incur debt in your name after the divorce. Check your Judgment to be sure, but she should have agreed to not incur any further debt in your name and to hold you harmless. So alhtough you should not be liable, you can be held liable by the credit card companies if your name is still on the account. I suggest that if you incur any expenses, etc. related to those debts you can take her back to family court for contempt for failure to pay her debts and request her pay you what you have been damaged.
