My ex-wife and I incurred joint marital debt on a credit card that we agreed to pay off in equal amounts each month.
However, my ex is not paying me that amount and I am ready to pay my half in full at this time. She refused to sign an addendum to the agreement that states if I paid my half then she would consider my monthly payment and total obligation paid in full.
If she ultimate will not accept those terms and I pay the total money owed as a lump sum payment to the credit card company, then am I still held to the terms of the repayment we agreed to even though I was just paying my half at an accelerated rate?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Ohio divorce laws where I am licensed to practice.
Unfortunately, there is nothing you can do to force your wife to sign the new agreement.
However, it appears that your wife is not complying with the court’s order that she pay a certain amount per month towards the outstanding debt. The best course of action may be to file a Motion for Contempt, asking the court to hold your ex-wife in contempt.
A Motion for Contempt can request that your wife be responsible for paying any additional/late fees on the debt that resulted from her failure to comply with the court’s order, reasonable divorce attorney fees for having to bring the motion, and an order requiring her to begin complying immediately.
Men’s Divorce Tips:
It would not be advisable to pay your portion owed directly to the credit card company without obtaining their express written agreement to not hold you liable on the remainder of the debt – which would be complicated and most likely not practical – because you will technically remain responsible for the remainder of the debt and they could still take legal action against you for it.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Ohio Divorce Lawyer Alexander J. Durst, contact Cordell & Cordell.