Q: Does bankrtupcy annul unpaid Decree ordered, joint-child expenses (medical & extracurricular) that are in arrears?
I filed bankrtupcy and have completed my hearing. My ex spouse has several years of unpaid *Decree Ordered* joint-child expenses. Specifically outlined as "Medical and extracurricular", as agreed in writing. Now he claims he no longer owes those arrears because of the bankrtupcy. I thought bankrtupcy excluded Decree ordered expenses in such case. Can you please clarify? Thank you.
A: Your bankruptcy does not affect amounts that are owed to you, whether pursuant to a court order or otherwise. It discharges amounts that you owe, but not the ones that are owed to you. Further, all amounts that you receive in the form of child support or spousal support are exempt (they cannot be used by the trustee to pay your creditors). I don't know who advised your ex that he no longer needs to pay these court-ordered amounts, but he didn't get good advice. If he's refusing to pay, consult the attorney who represented you in the divorce (or a new attorney) about how to collect the back payments. Good luck
Timothy Denison agrees with this answer
A:
The long-standing key issue about domestic relations payments in the bankruptcy context is whether the (divorce) required payments are in the nature of property division (which are dischargeable) or for spousal or child support (not dischargeable).
In many states, the divorce section of the court has a "domestic relations" section. In PA, the DRS monitors such payments, and if not made, enforces payment by filing motions for contempt with the court. (DRS enforcement is free to the protected spouse.)
Many domestic relations lawyers are knowledgeable about the distinction, and phrase the divorce obligations as "support". But when the language used is unclear, and a dispute arises, then the court must resolve the issue. In your case, I highly recoommend that you speak with an experienced AZ attorney about enforcement of your "support" payments.
Timothy Denison agrees with this answer
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.
