Q: court ordered payments and bankruptcy in california
If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That is, if the judge ordered my ex to pay me 10k in sanctions, 10k in lawyer fees, 10k in interest, 40k in past due child support and 20k in past due unreimbursed medical.....would he not have to pay me anything if he files bankruptcy? thank you
A: Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection. Technically, the medical and dental would fall under the umbrella of the child support order and be protected from the bankruptcy as would the interest accruing on the unpaid child support. Generally, attorney fee orders will be treated as unsecured debt and discharged as part of your bankruptcy case. Again, the exception to this would be attorney fees related to family court matters.
A: Debts to a former spouse arising from divorce proceedings are not dischargeable in a BK. Even the sanctions and lawyer fees, contrary to what attorney Waxman wrote.
Martha Warriner Jarrett agrees with this answer
A: Child support is not dischargeable in a bankruptcy filing.
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