Portland, OR asked in Child Custody, Child Support and Bankruptcy for Oregon

Q: can i discharge legal fees that are awarded for a custody but specifically NOT for support that i owe the other party,

my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a bankruptcy can i

1 Lawyer Answer
Stuart Nachbar
Stuart Nachbar
  • Bankruptcy Lawyer
  • Livingston, NJ

A: First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.

Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not specified in (a)(5) or other sections. It may also depend on your jurisdictions practice

Timothy Denison agrees with this answer

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