Marital Dissolution and Debt

[ThisIsAsinine]

My question involves a marriage in the state of: Ohio

I am about to file papers for a dissolution of marriage. In the papers, my husband agreed to assume financial responsibility for joint credit card debt. Will the judgment granting our dissolution also order him to make good on that agreement? Also, if he continues not to pay the debt, what happens?

[Dogmatique]

If your husband fails to pay, the credit card company/ies can come after you for payment - they are not parties to your divorce agreement.


Your recourse then would be to either sue your husband in small claims for reimbursement, or file in court to have him held in contempt.

[ThisIsAsinine]

If your husband fails to pay, the credit card company/ies can come after you for payment - they are not parties to your divorce agreement.


Your recourse then would be to either sue your husband in small claims for reimbursement, or file in court to have him held in contempt.

So in other words, that element of the dissolution agreement isn't really legally binding? Also, if I went the small claims/contempt route, would he then be forced by the court to pay it?

[Dogmatique]

It IS binding, in that the court can find him in contempt if he doesn't obey the court order.

Much of this honestly boils down to if you want to preserve your credit rating. If he doesn't pay, then you'll want to pay it yourself to preserve that and then seek reimbursement from him.

I'd try the court/contempt route for non-payment if I were you (assuming he won't pay); a small claims judgment (if such cases are even heard in small claims court in your state) is often nigh on impossible to collect (getting the judgment is the easy part) and you'd still be in the same position....but a court order and finding of contempt can land him with fines and even a warrant for his arrest. That gives him at least some incentive to pay up.

[ThisIsAsinine]

It IS binding, in that the court can find him in contempt if he doesn't obey the court order.

Much of this honestly boils down to if you want to preserve your credit rating. If he doesn't pay, then you'll want to pay it yourself to preserve that and then seek reimbursement from him.

I'd try the court/contempt route for non-payment if I were you (assuming he won't pay); a small claims judgment (if such cases are even heard in small claims court in your state) is often nigh on impossible to collect (getting the judgment is the easy part) and you'd still be in the same position....but a court order and finding of contempt can land him with fines and even a warrant for his arrest. That gives him at least some incentive to pay up.

Makes sense. We'll see what happens once the dissolution is final. Maybe he'll surprise me and pay it, but if he doesn't I'll go the contempt route. Thanks so much for your advice.