Q: Should I attend my ex's bankruptcy hearing regarding our child support agreement?
My daughter's father has filed for bankruptcy. I received a notice in the mail that I need to reach out to DHS about continuing to receive my payments. There is also a part that says I may wish to attend the hearing, but I am unsure if this is necessary. Also, there are several outstanding medical bills for our daughter, that he has not paid any of his part on. How do I know if this is included in his bankruptcy?
A: Although many debts can be eliminated or reduced in bankruptcy court, child support is not of them. In that sense, there is no need to worry too much about his bankruptcy since the support obligation cannot be changed by the bankruptcy court. However, he could likely avoid the medical bills, so I don't think you can ignore the process completely. Your question doesn't say the type of bankruptcy he filed ( there are several: "chapter 7"- chapter 13 or chapter 11- all named for the specific portion of the bankruptcy law). If you were mailed notification of his case, read through all that material closely and maybe do some internet research to help you decide your options. Your best bet is to consult your divorce lawyer.
A: Your child support agreement will not be affected by his bankruptcy. He must continue to pay. You can check his bankruptcy petition to see if the debts for your daughter are included. They are likely non dischargeable as a domestic support obligation as well.
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