Hello and thank you for allowing me the opportunity to assist you.
Question: “Hello - my ex husband is ordered in the divorce decree to pay (in addition to child support) 44% of child care costs. He has not paid me since May, so now owes approx $1,800. He told me tonight that he plans to file bankruptcy. What does that mean with regard to the $1,800 and the child care costs going forward?”
Answer: I’m happy to tell you that it means nothing. The Bankruptcy Code specifically states that domestic support obligations are not dischargeable in bankruptcy. In layman’s terms, that means that even after your ex files for bankruptcy protection, he will still owe the child care expenses. If you want to quote the specific statute for your ex, here it is from the Bankruptcy Code:
§ 523. Exceptions to discharge
(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—
(5) for a domestic support obligation;
Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.