Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Tough situation here.
Your claim is preserved until the case is discharged at the end of the chapter 13 case.
If the case gets dismissed, any unpaid amounts would be due again, for which you can collect.
Since the debt is unsecured, she can possibly pay this back pennies on the dollar.
It will all come down to her assets/exemptions and her monthly and 6 month budget analysis.
You will be paid pro-rata with all other unsecured creditors.
You can try to collect beforehand, and that could help.
Since this isn't in the nature of support (repayment of the overpayment) it doesn't fall under the domestic support obligation rules in bankruptcy. If you have joint custody, you can ask the court to award the overpayment back to you and ask that they classify it as domestic support obligations. Only then would you be entitled to 100% of the claim in her potential bankruptcy.
You should discuss that with your family law attorney to see if that could be a possibility.
Thanks for your question, good luck
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