Help! Legal question about credit card debt and marriage?

Question

My friend was ordered to pay his ex wife's credit card bills. There is no proof that he signed for any of the purchases...they are 100% her cards and she has a "shopping addiction." He left her because she was abusive in other ways and now she wants to stick him with the bill. She cried poor to the judge (who was a woman) and my friend was ordered to make $150 a month payments for her cards. They weren't even married for two years! Here is my question: Can he declare bankruptcy to get out of this?? Or does the court order trump bankruptcy? Please only answer if you have info that can help. My friend has two children (that he has sole custody of) to support, he cannot afford to be paying off bills that aren't even his!

Update:

@Huntsman...he is appealing and continues to file objections to this ruling. She was ordered to pay a portion of the debt but why should my friend pay anything? Its not his debt! She made the purchases, they are her cards, she is the one who signed them.

Update 2:

He DOES NOT live in a community property state. Options?

Calvin C · Accepted Answer

Bankruptcy is trumped by divorce court and he could be charges with fraud for doing so.  In order to not have to pay he would have to prove he had no benefit from any of the purchases and then it is still up to the judge.  Marital debt marital assets.  Another good reason no one should marry with out a prenup.  Did she have the cards and how much debt before they married?  Is the lawyer going to cost him then just paying :)

Anonymous · Answer

do no longer divorce him yet. First, if he's not talking, ask him to speak with a minister or counselor so the two certainly one of you could start some marriage counseling. 2d, reassure him that it fairly is fixed. Debt could be wiped out. next verify in for Dave Ramsey's economic Peace college. I promise that's going to alter your existence and your marriage. Then wreck each and all the credit enjoying cards. do no longer undertaking related to the credit card employer attempting to apply scare methods to make you maintain the account. close them. Now, permit's be certain what he's in debt over. that would must be some thing that we communicate at marriage counseling. Did he in simple terms savor himself too plenty in the previous marriage or is he hiding stuff that he's finished on the grounds which you have been married. factor sparkling, any strippers, prostitutes or drugs on that card? if so, it is an entire different set of themes.

? · Answer

What state are they in?  If they are in a community property state, he is on the hook.

BK would be very stupid.

If he doesn't live in a community property state, he needs to prove he shouldn't be responsibe for the bills.

If he has sole custpody, he shoudl file for child support.  Then she'll owe him more per month than the $150, and he can pay the bill.

? · Answer

Two things come to mind. 

First, do they live in a community property State and if so were the charges made while they were married? If the answer is yes, then he is on the hook.

Second, if this was ordered in their divorce decree he is also stuck unless he can go back to court and get it modified.

bdancer222 · Answer

Sounds like this was part of the divorce settlement.  If that's the case, bankruptcy won't help.  The only thing he can do is get a better lawyer and go back to court to renegotiate the divorce settlement.

Go with the flow · Answer

Bankruptcy over $150 a month?
Bankruptcy, Chapter 7 will cost at least $1,500, and if he has a job, he would probably fall into Chapter 13 which costs $3,000

Something is wrong with the story - she should be 1/2 responsible for this debt.
Your friend should have appealed the decision

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Help! Legal question about credit card debt and marriage?

6 Answers