husband being sued by ex over credit card?

[nford0228]

in their divorce decree it states she can go after him if the credit card company is suing her, etc.

this is not that is happening, however.

i really am not sure how it occurred but we hare 500 behind. i set up an arrangement with them 3 years ago to pay 73 very 2 weeks. i set it up wit our bank to pay every 2 weeks and ihaven't thought about it since; so i don't know how the delinquency occurred, but it has.

i have set up a new payment agreement with them to remove 80 out of our acct every two weeks.

today my husband gets a summons from his ex-wife on the credit card demand he pay it off 7K + immediately and pay attnys fees. we have 2 kids now, he just got a 6% reduction in pay on his gross income and i was laid off. there is no way....

my question is this: since the cc company in question is not suing her or going after her.... can she do this? according to the decree he would need to defend her if that were the case... but it isn't! there is no other provision in the decree.

also, isn't she required to mitigate her circumstances in some way by sending a copy of the divorce decree to the credit agencies like equifax, experian, etc... informing them that legally she is not responsible in hopes of altering her credit score?

thanks.

 

[jharris352]

She can demand whatever she wants but the divorce decree is what controls here. It will not mitigate her score to tell the bureaus that she is "not responsible." She is responsible until it is paid off, she just has recourse if he doesn't pay it off.

 

[nford0228]

so if he is paying it every 2 weeks... it is set up with the credit card agency... etc.... i mean it isn't like we've been skipping payments and are delinquent 2K or anything.... then she shouldn't have recourse? because he is actively working to pay it off?