How do I get child support out of my bankrupt ex-husband?

Posted on April 19, 2005 by Alexander D. Nirenstein
  • Email This
  • Print
  • Comments
  • Share Link

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:

  1. Back child support can never be discharged in bankruptcy. This includes other debts, such as medical bills that are "in the nature of support."
  2. Arrears on current child support and debts for the children "in the nature of support" can never be discharged in bankruptcy.
  3. 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
Tags:
Trackbacks (0) Links to blogs that reference this article Trackback URL
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.