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  1. #1
    Join Date
    Aug 2008
    Location
    Indiana
    Posts
    3

    Default Child Support and Maintenance in Chapter 7

    My question involves bankruptcy in the state of: Indiana

    My ex-husband filed backruptcy and listed a debt owed to me for medical expenses for our son.

    I filed a motion for contempt on him for non payment of medical expenses he was ordered to pay in our "agreed entry" that modified our divorce decree. The original divorce decree stated that he was also to carry insurance on our (2) sons but this "agreed entry" came after the death of our oldest son. At that point, I would carry the medical insurance (which I had always done anyway) and he was to pay 50% of all uninsured expenses, not limited to....

    The court found him in contempt and ordered him to pay. A time frame of 12 months was given to him to reimburse me his portion. He filed bankruptcy one month before the due date.

    I have filed an advocate proceeding and was told that there was not dispute over the facts...yes he agreed to pay, yes there were medical expense, yes the court found him in contempt and ordered him to pay, his dispute is whether it is dischargeable.

    There was a pretrial hearing and the judge requested that both plaintiff and defendant prepare a motion for summary of judgement. I'm not a lawyer and had done all this "pro se" up to this point. Now I need to know where I stand.

    How can a custodial parent fight for their rights without breaking the bank? I have made contact with an attorney and have an agreement that I will research as much as I can and they will prepare the summary of judgement. My problem is I am confused the more I research. Some medical expenses have been found to be part of child support but others have been denied. If I read Section 11 523(a) paragraph 15 correctly, all debts accounted for in the divorce decree or dissolution of marraige (in relation to the child) are not dischargeable.

    Can you help me?

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Child Support & Maintenance - CH 7

    I don't know what your reading from but that statement is correct. All debts accounted for in the divorce decree are not dischargable.
    Were you served in his bankruptcy? And has he been granted a discharge from the ch 7? He should have listed and provided the bk court a copy of the divorce, and it should have been addressed then.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Child Support and Maintenance in Chapter 7

    questions/answers - divorce decree & bankruptcy
    Is alimony or child support dischargable? No. An obligation to pay alimony or child support is nondischargable in a bankruptcy proceeding; however a Chapter 13 bankruptcy plan may be used to catch up back support payments.

    If I am responsible for debts as a result of a divorce, can I discharge them? It depends. Your attorney will need to see a copy of your divorce decree and ask you specific questions regarding the marital debt that was assumed under the divorce.

  4. #4
    Join Date
    Aug 2008
    Location
    Indiana
    Posts
    3

    Default Re: Child Support & Maintenance - CH 7

    I paraphrased US Code Section 11 523(a) paragraph 15. It addresses debt owed to spouse, former spouse, or child as a result of an agreement (divorce or court). I only received a notice as a listed creditor not as a secured creditor through child support. I don't know if they had a copy of the divorce agreement at that point. They do have a copy now because I filed an adversary grievance or motion against his bankruptcy.

    I really understood the law to state that if the debt is the result of a divorce agreement and the type of debt was connected with the child, it was not dischargeable. Because the medical expenses were listed in our agreement and they are in direct relationship to the child, I didn't think it would go past the pretrial hearing.

    I cannot afford an attorney at this point but the judge even suggested it would be in my interest to get counsel due to him ordering each of us (plaintiff & defendant) to issue a motion for summary judgement.

    Do you have any suggestion on where I can get case history concerning medical expense a debtor is trying to file bankruptcy on?

  5. #5
    Join Date
    Aug 2008
    Location
    Indiana
    Posts
    3

    Default Re: Child Support and Maintenance in Chapter 7

    Quote Quoting Betty3
    View Post
    questions/answers - divorce decree & bankruptcy
    Is alimony or child support dischargable? No. An obligation to pay alimony or child support is nondischargable in a bankruptcy proceeding; however a Chapter 13 bankruptcy plan may be used to catch up back support payments.

    If I am responsible for debts as a result of a divorce, can I discharge them? It depends. Your attorney will need to see a copy of your divorce decree and ask you specific questions regarding the marital debt that was assumed under the divorce.
    I am trying to do this "pro se" so I do not have an attorney. What do you mean by "If I am responsible for debts as a result of a divorce, can I discharge them? It depends" The debt in question is for child maintenance (medical expenses) of our son. That is part of the protected debt that the new code addresses, right?

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Child Support and Maintenance in Chapter 7

    I was talking in general terms - some debts as a result of a divorce can possibly be discharged in a bankruptcy. (It depends on the debt.) The person filing bankruptcy would have to talk to their attorney to see what might be discharged. If the debt is actually in the divorce decree it's not likely to be discharged. The debts in your divorce decree including medical debts for your son should not be discharged - nor is child support or alimony. Your husband should have given the bankruptcy court a copy of the divorce decree.

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