I often get contacted by spouses who tell me “my ex-spouse was ordered by the court to pay my credit card (and other)debts, but they just filed bankruptcy and stopped paying.  Now the credit card companies are coming after me!  I contact the credit card companies and told them that the family law court ordered my ex-spouse to pay them…”

This is not the credit card companies’ problem.   If you had a legal obligation to pay on the credit cards (or any other debts) before your divorce, then you still have a legal obligation after.   The family law court created an obligation between your ex-spouse AND YOU (in the form of paying your credit card debts).   If your ex-spouse fails to honor that obligation to you (such as by filing a bankruptcy case), your remedy (if any) is against them, NOT against the credit card companies or others you owe money to.

Whether or not you can seek any remedy against your ex-spouse under these circumstances depends on exactly what the nature of the family law court order was (i.e. whether for support, or simply an equalization obligation).  If it was for support, then you can go right back into family law court and seek a remedy there (most likely it will be to have the ex-spouse pay additional support to you, which is not dischargeable in their bankruptcy case).   If it was merely an equalization payment and your ex filed a Chapter 13 case, then you may be out of luck, but should file a proof of claim in his case to share in the distribution (in a Chapter 7 you can go back to the family law court as previously mentioned).

However,  either way, if your ex stops paying on the debts that you are also liable for, you will need to deal directly with those creditors–either to negotiate repayment or perhaps file a bankruptcy yourself.  If you find yourself in this position, it is a good time to have a consultation with a bankruptcy attorney in your area.

In general domestic support obligations, which are those obligations issued for the maintenance or support of a former spouse or child, including alimony, are not dischargeable in any bankruptcy case.  So the key element is determining if the type of debt is for alimony, maintenance or support of a child or spouse.    This is not always clear from the divorce decree or other family law order.

Marital equalization obligations, such as those where an award is made against one spouse to offset assets being given to the other, are generally not considered for support or maintenance.   Similarly, attorney’s fees awarded to the other spouse’s lawyer is likely not for support or maintenance.

Debts incurred as part of or in connection with a divorce decree or separation which are not for the alimony, support or maintenance of the spouse or children may be dischargeable in a Chapter 13 bankruptcy case, but not in any other chapter.

Thus, the key is determining whether the debt in question is for the support or maintenance of the spouse or child, and which chapter of bankruptcy is involved.