Can my wife’s ex-husband dismiss childcare expenses he owes her and ORS, if he submits them as debtors in a bankruptcy hearing?

Should we attend the hearing?

Asked on September 5, 2013 under Bankruptcy Law, Utah


Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

While I would generally agree with Mr. Whiting's responnse, the quest for more information is in order.  What is the nature of the Bankruptcy which has been filed?  Chapter 13 or Chapter 7?  If a chapt. 13, they may be handled quite differently.  If the expenses are for past due amounts, the debtor (ex) could propose a repayment over the life of the plan.  If they are for current and ongoing expenses, they must be included in the budget (schedule J) of the schedules and included in a plan

Yes, you should attend the meeting,and make known to the case trustee your issues.  He will probably give the same advice as I am about to; seek counsel!  You may, depending upon State law, be able to recoup attirneys fees from the ex.  Good luck>

Stephen Whiting / Whiting & Jardine, LLC

Answered 7 years ago | Contributor

A debtor cannot discharge in bankrupcty a debt incurred, "(5) for a domestic support obligation, [or]... (15) to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit."



IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.