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Old 09-07-2013, 01:22 PM   #1
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Default Divorce settlement question

I'm asking this on behalf of a friend because I think he was screwed over in his divorce. B and his ex wife A had a lot of debt when they divorced. A's name was on all of the unsecured credit careds and other debts, while B's name was only on some of the debt. Still it was debt of the marriage.

In the divorce decree, A agreed to assume all responsibility to pay the creditors directly for the debts owed because she wanted to preserve her credit rating. B agreed to pay A $30,000 in monthly installments over the course of the past 5 years for his share of this debt. A was making payments on the debt but then early last year she filed bankruptcy on what remained. B continued to pay her the monthly installments until he paid her in full just last week.

My questions:

1. Was this considered alimony or maintenance?
2. Was B able to write this off on his taxes?
3. Does B have any legal standing to recoup some of the money he paid to A since she did not fulfill her end of the bargain? (She was to pay the debt off, not collect money from B even after she filed bankruptcy on the debt.)

Oh and he paid interest on the $30,000 too. Well over $6000 in interest.
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Old 09-07-2013, 03:41 PM   #2
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Default Re: Divorce settlement question

I have no clue of the legalities but agree with you that the bankruptcy should have changed something.
IF his payments were classfied as payments towards that debt, than once she declared, the debt would have been wiped clean...at least on the debt that was in her name alone.

I don't believe she could file alone on any that have his name on them.

However, that's IF it was clear that that is what the payments were for. It's more likely that the amout was written up as a "settlement amount" to be paid in installments - in which case he is screwed. IMO.
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Old 09-07-2013, 05:44 PM   #3
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Default Re: Divorce settlement question

If this was splitting the debt... it wasn't alimony. Look at the judgment money award, it will say whether there was alimony.

If she discharged the debt, then he should not have paid HER, it should have went to creditors. He needs to consult an attorney. I think he could sue her for that money. It wasn't for her, it was for the creditors.
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Old 09-07-2013, 07:17 PM   #4
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Default Re: Divorce settlement question

Here whoever had the debt in their name is responsible for it. Joint debt is different (oh boy have I learned this!). The creditor does not care which party pays, as long as they get their money, so he could still be on the hook for "joint" debts. I'll bet she paid off debts in her name first, and left joint debts as a lesser priority. Exs tend to do things like this.
Bankruptcy lawyer is req'd.........believe me!
Did he get monthly updates on the payments to the debts so he could keep track of where the money was going? If not, he should seek that info. now.
She may just write him off as a creditor at this point........just add him to the bankruptcy list of creditors. Pathetic.
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