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Can my husband reopen his divorce agreement with exwife

Oak Forest, IL |

According to agreement he is supposed to be held harmless for her debts. She, unknown to us, opened 3 credit cards in his name and is not making payments. This has now affected his credit rating and we can't get a loan. She currently gets 40% of his pension. Can this be temporarily withheld and used to pay these debts.

Attorney Answers 3


first, he should contact the credit card companies and get a copy of the agreement that opened the accounts. then if he did not sign the agreements, he should contest his liability with the credit card companies. if that works, fine.

if not, if it is less than two years since the divorce and if these accounts are not mentioned in the divorce judgment, he may be able to open the agreement to have these added and be made her responsibility.

take the divorce judgment and the transcript of the testimony at the prove up to a lawyer for review.

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This may not be a situation that requires the judgment to be reopened in order to provide you with relief. For particulars, consult with a divorce lawyer. The temporary withholding of pension payments is not going to happen, but this does not mean that the court cannot help you.

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Opening credit cards in his name after the divorce is forgery. You should report it to the police. Then advise the credit card companies and the credit bureaus that such charges were not incurred by him. Since this occurred after the divorce I don't see how the Divorce court would have jurisdiction. Also, your husband's remedies including filing a civil suit against her. You can not use self help such withholding payments.

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