Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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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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