Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi - my name is Kirk and I'm a Bankruptcy litigation attorney here to assist you.
Does the confirmation plan specifically state that each of you is to pay a certain amount each month?
Ok. If your divorce decree doesn't say who pays what amount of the chapter 13 payments, you would have to hire a new bankruptcy attorney to represent you individually and file a motion to bifurcate/split your case and establish a new plan for yourself. Your other spouse would have to do the same thing.
If the divorce decree states who is to pay what, you can file a motion for contempt in the divorce case to get him to pay.
If the divorce decree doesn't state who pays what, and your bankruptcy plan doesn't state this either, unfortunately, you can't force him to repay you for any money you've paid thus far. You have volunteered the payments and there is no legal obligation via a court order that would make him liable to you for the amounts paid.
You would either need a divorce attorney or a bankruptcy attorney based on the particular facts of your case.