As part of a Marital settlement agreement I agreed to send back half of my ex check every 2 wks from the spousal support

Question

in exchange for him to forgive my arrears I had from child support when we first separated. Once I had physical custody I filed for CS but he kept prolonging the hearing and he kept avoiding trying to pay so then I filed for Spousal support and was able to get his wages garnished. At that point he was willing to forgive my arrears as long I stopped garnishing his check. I agreed to repay through DCSS portal to make sure my balance would be lowered in case the MSA didn’t get approved by the judge. All payments were made through the DCSS portal as agreed but I was told money would be refunded to me since my ex had agreed to forgive my arrears. My concern is I haven’t received any refund and he’s threatening to take me back to court for the payments he didn’t receive. Since I’m filing for bankruptcy can that be added as part of the bankruptcy?? I don’t know if and when I’ll get that money so I rather be safe

James R. Dickinson · Answer

A Marital Settlement Agreement (MSA) in California is a legally binding document that outlines the terms and conditions agreed upon by both spouses regarding the division of property, debts, spousal support, child custody, and child support during a divorce or separation. It is typically negotiated and signed voluntarily by both parties, often with the assistance of legal counsel, and is submitted to the court for approval. Once the court approves the MSA, it becomes part of the final divorce judgment and is enforceable by law. Speak with a local attorney about your issues. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith · Answer

Your situation with the marital settlement agreement and child support arrears is complex, and it's understandable you're seeking clarity about the bankruptcy implications. 
 
Generally, domestic support obligations, including both child support and spousal support, cannot be discharged in bankruptcy. This applies to both past-due amounts and ongoing obligations. The payments you made through the DCSS portal should have created a clear paper trail, which could be helpful in demonstrating your compliance with the agreement. However, if these payments were meant to be refunded to you, this might be considered a debt owed to you rather than a support obligation. 
 
You might want to consult with a bankruptcy attorney who can review your specific case details, including the marital settlement agreement and DCSS payment records. They can help determine if the potential refund could be considered part of your bankruptcy estate. Additionally, you should gather all documentation related to the agreement about forgiving the arrears and the payments you made through DCSS, as these will be crucial for both bankruptcy proceedings and any potential future court appearances regarding the support payments.

Q: As part of a Marital settlement agreement I agreed to send back half of my ex check every 2 wks from the spousal support