How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18580
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Bankruptcy Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

Before we divorced 8 years ago, my husband and I refinanced

This answer was rated:

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?

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).

Phillips Esq. and other Bankruptcy Law Specialists are ready to help you