Marital settlement agreement I agreed to pay my ex $400 every 2 wks from the spousal support that was being garnished

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 SP 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 go 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 debt. 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 written contract between divorcing spouses that outlines the division of assets, debts, child custody, spousal support, and other terms related to their separation. Once signed by both parties and approved by the court, the MSA becomes part of the final divorce judgment and is legally enforceable. [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 involves several complex layers of family law and bankruptcy considerations. Based on what you've shared, it appears you have both child support arrears and a marital settlement agreement in play. 
 
Regarding your question about bankruptcy - family support obligations, including both child support and spousal support, generally cannot be discharged through bankruptcy under Section 523(a)(5) of the Bankruptcy Code. This applies to both past-due and current support obligations. The agreement you made with your ex-spouse to forgive arrears in exchange for new payments would likely still be considered a domestic support obligation. 
 
Since you made the payments through DCSS as agreed, you should contact them directly about the status of any potential refund. You may also want to gather all documentation of the payments you've made and the marital settlement agreement before your ex-spouse pursues any court action. Consider consulting with a bankruptcy attorney who has experience in family law matters, as they can review your specific case details and provide guidance on how to protect your interests in both the family court and bankruptcy proceedings.

Q: Marital settlement agreement I agreed to pay my ex $400 every 2 wks from the spousal support that was being garnished