Q: Can someone just stop paying for 50% of their childs needs if they are filing bankruptcy, if its a court order?
My fiances ex is filing for bankruptcy so she says. The child needs braces and 2 cavities filled and she is stating she will not be paying for them since she cant afford it. They have a court order that they both have to cover 50% of medical and dental cost. Is there something we can do about this? Can she just not pay for this leaving us to pay the almost $7,000?
A: No. The child’s braces and the like are not dischargeable in bankruptcy and he can be held in contempt for failing to pay as ordered.
A: Domestic support obligations are not discharged in bankruptcy, so even if she files bankruptcy she would still owe this money (presumably, if she is required to pursuant to the court order). However, how would you get it if she just doesn't have it?
Jane E. Probst agrees with this answer
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