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?

