Q: my ex has filed chapter i3 he owes 60,000 in maintenance plus 35000 in marital assests the court ordered him to pay.
he just filed chapter 13 will he still have to pay me? he is court ordered to pay but has not payed for 5 years. the judge gave him 60 days . what can I do?
A:
There are 2 types of obligations that are created in a divorce decree: 1) domestic support obligations such as alimony or child support, or obligations in the nature of alimony or child support, and 2) an obligation that is set up as a division of property and/or debt. Without more facts, the $60,000.00 in maintenance sounds like a debt that would be determined to be a domestic support obligation while the $35000.00 owe related to marital assets sounds like #2 or a division of property and debt.
A thorough review of the divorce decree and other orders of the divorce court by an experienced Colorado bankruptcy attorney that handles chapter 7 and chapter 13 bankruptcy cases should provide that attorney enough information to answer your question and give you your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
