How do I get child support out of my bankrupt ex-husband?
QUESTION:
A bankruptcy court just notified me that my ex-husband is filing for Chapter 7. I am one of his creditors, because: a) he owes back child support, including for medical bills, b) he's not paying current child support, and c) when we divorced, he was ordered to pay me $2,700 to equally divide our property. Will he be able to wiggle out of these debts? The court notice said I should speak with a lawyer, but I can't afford one.
ANSWER:
With all that's on your plate, you've done an impressive job of categorizing your thoughts. Some thoughts back at you:
- Back child support can never be discharged in bankruptcy. This includes other debts, such as medical bills that are "in the nature of support."
- Arrears on current child support and debts for the children "in the nature of support" can never be discharged in bankruptcy.
- The $2,700 debt can and will be discharged unless you object -- formally, by filing papers at the bankruptcy court. The court will then decide if the benefit to your ex outweighs the detriment to you. If so, he'll be allowed to discharge the debt.
The court notice was right when it urged you to get some legal help. I suggest that you call your local county bar association and ask for a free or low-cost consultation with a bankruptcy lawyer. A lead you get this way might help you proceed cheaply or suggest some things you can do on your own.
Copyright © 2005 Nolo
I was served paperwork by my ex to stop payments of child support now that my youngest child is 18. My hearing is this Friday. My problem is he is in arears to me for $2000 and has never paid one dime of the uncovered medical costs that he agreed to pay half of in our divorce. Can I bring this up and show the judge my receipts for these costs? Is there any chance of my recovering anything?