Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
Before we divorced 8 years ago, my husband and I refinanced our home, received 30,000 cash to pay off my husbands credit cards and $30,000 cash that went toward building him a home. This increased our morgage from $500 to $1200 per month. When his home was complete he moved out of our house with the understanding and written into the divorce decree, that he would pay me $900 per month until our 3 year old son turned 19. He insisted he was not going to pay child support and that we would have joint custody. We both agreed to this in our divorce. A year after our divorce he remarried, had three kids, sold his home and received $80,000, which he put toward a 1/2 million dollars business. Three years into his business the economy fell and he was struggled to pay his bills. Whe he stopped paying me, after 4 months of struggling to pay my $1200 morgage, I hired an attorney and he went through the roof. He falsely accused me of threating him with bodily harm, got a restraning order out on me, told the school and DHR I was a druggy, (if that's a word), kidnapped my son and told him it would be six months before he could see me and that I needed help. He did all this in two days. TheXXXXXbattle finally proved my innocense. He agreed I had never threatened him with bodily harm, I passed a hair folical test, and won at the end with DHR as my witness. He was ordered to pay me backpay, my attorneys fees, and to continue with his $900 a month obligation. This was 5 months ago and he has yet to pay me or even acknowledge the fact that he was proven wrong in court. I received a letter today from his attorney he was filing chapter 13 bankruptcy. Do you believe his dept to me can be wiped out?
Response: No, his debt to you pursuant to the divorce decree would not be wiped out in his Chapter 13 bankruptcy. This debt as you described would be considered a Domestic Support Obligation, which would not be dischargeable in his Chapter 13 case. See 11 U.S.C. Section 523(a)(5); 523(a)(15), and Section 101(14A).
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).