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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
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Experience:  JD, MBA
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My ex-wife is court ordered to pay $100.00 per month direct

Resolved Question:

My ex-wife is court ordered to pay $100.00 per month direct to me. She is filing for bankruptcy, will she be excused from paying this order?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 7 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “My ex-wife is court ordered to pay $100.00 per month direct to me. She is filing for bankruptcy, will she be excused from paying this order?”

Answer: The Bankruptcy Code states the following:

§ 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;

(15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit;

Therefore, the court order is still enforceable even after your ex’s bankruptcy.

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