Womans Divorce Forum

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Division of marital debts

My boyfriends divorce decree said he would take all the debt and file a chapter 7 bankruptcy. When it came time to file, it was declined because he made to much money. (1,100.00 over what is allotted. However he has 4 girls that goes too) His option is a chapter 13 or to settle with the debt collectors. I do not feel that its fair for him to have to pay off all of his and his ex wife's debt by himself. ($60,000.00) We would never be debt free. I told him to look at having his divorce decree rewritten. Is this possible? What costs are involved? Does he need to get an attorney? Is this a long process? or is he just stuck with all the debt that they accrued together?

Re: Division of marital debts

Susan: It makes me wonder what his ex wife's financial situation is. Seems like if he's responsible for paying back all the debt, she must not have much money other than child support. Since he did not qualify to do what is written in the divorce decree (the bankruptcy), he should call his Lawyer back. Some Lawyers for the ex husbands expect the ex-wives to go back to work, but since she has four kids.....you did not say how old the kids are.