Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
While I know you do not want to incur more legal costs, but unless your son has the ability and time to file his own legal documents in court in Alaska and in TX where she is now, it may be economical for your son to consider filing bankruptcy, which would extinguish the credit card debt to him and possibly (although not certainly) the attorney's fees as well and will give him a clean start without all of the debt from the divorce
. Even if the attorney's fees are not discharged, at least all of your son's other debts are discharged and he can focus on paying only that debt and not dealing with the ex anymore.
According to Bankruptcy law, "A discharge voids any judgment, whenever obtained, that determines the personal liability of the debtor on any discharged debt; enjoins any judicial or non-judicial action to collect, recover or offset any discharged debt as a personal liability of the debtor; and enjoins the collection of certain claims against the debtor’s community property
." See: Ginsberg & Martin on Bankruptcy, Fourth Edition, Section 11.01(B).
The courts have held that the divorce attorney's fees may be discharged as a debt in bankruptcy. See: In re Linda M. Rios, 901 F.2d 711 (7th Cir. 1990). However, the courts also hold that three requirements that must be met in order for a debt to be non-dischargeable: (1) the underlying debt must be in the nature of alimony
, maintenance, or support; (2) the debt must be owed to a former spouse or child; and (3) the debt must be incurred in connection with a separation
agreement, divorce, or property settlement
agreement or other order of a court of record. See: In re Reines, 142 F.3d 970, 972 (7th Cir. 1998)(citing Kinnally v. Fonnemann , 128 B.R. 214, 217 (Bankr. N.D.IL 1991).
So it is possible he may not get out from the attorney fee part of the judgment, but all the other debts would be gone and he could then pay just child support and negotiate a payment plan with the attorney free of having to deal with all of his other debts.
The only other thing he could do is file in court in Alaska for a Motion for an order to show cause for contempt for her not holding up her end of the bargain paying the debts, then he would have to take that judgment to Texas to seek to get it enforced and the costs and time of him doing that could be way more than just an attorney to do bankruptcy and many times his JAG officers would be able to refer him to someone to assist him at low cost or discounted rates.