Can I pay "Held Harmless" debt and deduct from child support in Okla

[MazdaMom]

Recently discovered my ex-husband had overdrawn the checking account we once shared. The divorce decree states that he was awarded the account but that I am to be held harmless. However, after graduating nursing school and going back to work, I now cannot get a checking account because I have been reported for account abuse. Can I pay the $800+ bank debt that he ran up and withhold child support or daycare money until I am re-imbursed for his bad debt that is keeping me from having a checking account?

Any help would be greatly appreciated

MazdaMom

[wendl]

Did you show the new bank that he was awarded the account in the divorce??? It should also show that those overdrafts occurred AFTER the seperation.  Also go to the overdrawn bank and explain what happened show them your divorce papers and request you are removed from account and that the report it correctly to the collection reporting agencies.

Just a thought.  

**These are my opinions, they are not legal advice**

[KAT]

Simply put, NO. Nothing can change a court order but a court order. You most likely be found in contempt (be fined or even jailed) Your divorce from him has nothing to do with your contract with the bank. The bank was not a party to your divorce nor do they have an obligation to follow it.
What you can do is pay the bill (see if they will settle for less to remove the red mark, most do..ahhh trust me, Mr.KAT's was a TOTAL mess that I had to clean up. DO NOT BE SHY!! Just say you want to make a payment but might not have enough, would they take less to totally clear YOUR record?) then sue him in small claims court. Make sure you send him a certified demand letter in advance. Tip: SAVE the paperwork you get from the bank forever. I've had to produce it several times!!!!! Even years later!!!! It's a rough thing but you can do it!!
Now you can file a show cause/contempt motion against him for it..however, since you are the NCP be prepared in family court for the judge to say he's not going to give you a dime because it would take funds out of the children's home (being a woman or not) or reduce support by 10 a month for the next 80 years. Sucks, YUP!
That's why I recommend small claims, depending on your state you lien his house, auto, personal property....or heck, contact Judge Judy. No, I'm serious, at least you would get paid & we'd have a grand time watching! :)
KAT