How to I Stop Garnishment in Florida From Debt of Ex Husband when he is remarried?
Full Question:
Answer:
The hospital is not bound by your divorce agreement, as they were not a party to the agreement. The hospital will look only at the insurance contract terms, and if you are the responsible party on the insurance contract, they will seek collection from you. Garnishment is typically granted after a judgment is won in court. A judgment generally cannot be won unless the defendant has had notice and opportunity to be heard and present any defenses. However, if the judgment was improperly granted due to lack of notice, improper party, or otherwise, it may be possible to appeal and void the judgment or quash the garnishment. The failure to pay the bills may also be a contempt of the divorce decree, in which case a motion for contempt could be filed in the court where the divorce was filed. I suggest you contact a local attorney who can review all the facts and documents involved.
Generally, a spouse is not liable for the debts of the other as long as it is an individual account, the spouse running up the debt is not an authorized user, surety, guarantor, or cosignor, and the couple does not live in a community property state. However, even in a community property state the assets of the spouse not running up the debt could be at risk. For example, in cases involving, among others, bankruptcy, divorce, or other litigation, creditors may go after assets held jointly by the debtor and non-debtor spouse, such as a bank account in both their names. If your spouse agrees to pay off a joint credit card debt but does not, the bank may successfully sue you for that debt. However, state laws vary about which marriage partner is responsible for certain debts, depending upon when the debt was incurred, the identity of the debtor, or the purpose of the debt.
