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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My ex husband and I have been divoreced for two years. He filed

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My ex husband and I have been divoreced for two years. He filed for bankrutcy last week. beside support, he was ordered to pay 1/3 of each of our children's college expenses. Our oldest will graduate in May . How will this effect his committment to paying support and the college expenses. He is in debt due to large cresit card expenses and a house he cannot afford.
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

The bankruptcy will not affect your husband's obligations under the court order.

Here is why.

Section 523 of the Bankruptcy Code excepts from discharge both property settlements and support obligations.

You can read the Code here:
http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000523----000-.html

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Otherwise please click ACCEPT so that I am paid by the site. Do not click relist as it will delay my response.

Best wishes for a Happy and Healthy New Year!
Customer: replied 6 years ago.
The link is too long for me to find what I am looking for. I understand that college loans are examot , but he has not taken a loan yet. Will he even be able to get one after filing bankruptcy?
Thank you for the opportunity to clarify. The link was only so that you could verify my answer.

My answer was that the court order will not be affected by your former husband's bankruptcy. He will still be required to pay. I do not know whether he will be able to obtain a loan as I am not privy to his financial information. However typically a person may obtain most loans 2 years after a chapter 7 bankruptcy.
Customer: replied 6 years ago.
How would I go about enforcing future college payment?

This is a different question. J.A. policy requires that you start a new thread for a new question. That said, if your former husband fails to make the payments as per the order, you would file a contempt of court action in state court.

Please accept the answer and then you may start a new question in a new thread

Edited by WebLaw on 1/2/2011 at 1:29 AM EST
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