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  1. #1
    Join Date
    Apr 2005
    Posts
    1

    Default Bankruptcy and Child (Medical) Support

    Hi, I am a non-custodial parent who pays child support faithfully. The arrangement at the time of our divorce, and is stipulated in our decree, is that my ex-husband, the custodial parent, is to carry the health insurance on our child. In the event he can no longer provide insurance, I am to pick up coverage on our child, and he is to reimburse me monthly.

    Needless to say my ex quiet his job immediately after our divorce. He and my son have been living with his mother with the child support I pay as his only steady income for the past three years. Even though he told me my son was still insured, it was months later when a matter arose that I found out that he had in fact not continued my son's health insurance and that the proof of insurance card for my son that the ex had provided me with was no longer valid. I immediately added my son to my plan and have been billing my ex monthly and have yet to be reimbursed by ex.

    Now my ex has filed bankruptcy and is requesting this debt be discharged.

    I have been told this is not dischargeable and did attend the meeting of creditor for my ex's bankruptcy filing. Both his attorney and the meeting chairperson (not sure of this persons official title) seemed ignorant as to the law on this matter and basicly told me I needed to file an objection before the deadline.

    I then contacted an attorney who quoted me $2,500 to file an objection...is that reasonable?!?!?! My ex is only paying half that much in attorney fees for his bankruptcy!!! Do I actually need an attorney to file an objection?

    If I do hire an attorney to file an objection and the amount he owes me is found to be not dischargeable. Can I ask for this attorney fee to be reimbursed to me by my ex if I then file contempt of court charges on him for failure to carry insurance or reimburse me as per our decree?

    I don't mean to sound tight or cheap but I have already paid substantial amounts in legal fees and expenses as a result of the divorce and this is one more of the long string of ways that the ex has continued to get over on me over the years.

    Thanks in advance!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Filing an Objection

    You don't need a lawyer to file an objection. You may be able to find a downloadable form on the website for the bankruptcy court where this matter is pending, or in the alternative may be able to obtain one from the clerk of the court, and complete it yourself. Having an attorney helps ensure that the form is filled out properly, but it is not outside the realm of what you could do yourself.

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