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The Griffin Law Firm
The Griffin Law Firm, Attorney
Category: Bankruptcy Law
Satisfied Customers: 51
Experience:  Member of NACBA and ABI
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Can a family court jugde go against a bankruptcy court because

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Can a family court jugde go against a bankruptcy court because the other side is saying the amount in the bankruptcy was unclear? The money owed to the ex-wife was not child support or alimony, she was notified of the bankruptcy and anttened the hearing. Now that the child is 19 she has gone back to family court claiming that she is owed this money. The first time the Judge ruled that it was owed because we didn't have a copy of the bankruptcy. Then we got a copy with a seal on it, now they 're saying the amount is unclear. They're asking the judge to make an income deduction order for the full amount of $7,525 (plus intrest) even though they admit that she was included in the bankruptcy. We spoke to the bankruptcy attorney we were told that the amount listed didn't matter, that amounts change when you are going through the process, as long as they are listed as a creditor. Can you do anything if the amount in the income deduction order is more the your disposable income?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  The Griffin Law Firm replied 7 years ago.
It does not matter what the amount was. The only question was whether the money owed was capable of being discharged in your bankruptcy. If you owed money from a family court proceeding, whether it was designated as child support, spousal support, or even just to pay your spouse's attorney fees, that debt is going to not be discharged by your bankruptcy and you will still owe.

If the amount in the income deduction order no longer fits with your income situation, that is an issue you need to address in family court, not bankruptcy court.
Customer: replied 7 years ago.
The money has already been discharged (only child support or alimony cannot be discharged). The amount listed in the bankruptcy is $4,000 but the awarded amount in the final judgement is $7,525. They concede the 4 grand is gone but are trying to get the rest. Can a family court judge force me to pay money disolved in my bankruptcy?
Expert:  The Griffin Law Firm replied 7 years ago.
No, If they were properly served notice of the bankruptcy, they had 60 days from your meeting of creditors to file a dischargeability action. The dollar amount is just an identifying piece of information. Amounts owed are usually moving targets because of late fees, etc. It is not uncommon for petitions to contain errors on the amount owed.
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