divorce decree

[John]

My wife got a divorce 4 years ago (in Indiana) from her previous husband, and he was a no show at the trial. They had a car loan together and since he was a no show the decree made him 100 percent responsible for the car. However, he has yet to make any effort to pay off that car and they call her wanting us to pay. Is she still liable? Her credit has been ruined by this and still shows up on her credit report. What are our options because the interest and fees for this car are spiraling out of control and we want to fix her credit. With proof of the decree can she get this off her credit? or do we try to negotiate with the bank and pay it off ourself? If it makes a difference, the sum of the loan with interest, attorney fees, etc...are 7,000.

[Attorney Cheri Hobbs]

She should file a Motion for Contempt/Enforcement under the underlying divorce case in the state where it was finalized. Unfortunately, because the loan was in her name she is already seeing the result of her ex not complying with the court order. A judge can alter who is "responsible" for a debt but the debt collector will go after the party whose name is on the debt.

Attorney Cheri Hobbs