Bankruptcy, Child Support and Contempt


#1

If this has been asked before, I apologize for the repeat, I couldn’t find the answer anywhere.

My ex-husband filed for Ch 7 bankruptcy last month and his hearing is coming up. I have received my notice as a creditor. He is currently over $4000 behind in child support and now owes for January as well. I know that he cannot discharge child support obligations. He will eventually have to pay it.

My question is regarding the other money he owes me from our separation agreement which was incorporated into the divorce decree. He is to pay a student loan that is in my name. He has refused to refinance it via a personal loan and get it out of my name. He stopped paying it in August when he lost his job so I’ve been paying it so it doesn’t affect my credit. He also owes me over $1500 in medical bills for the boys. Whenever they have a bill, I send it to him immediately. Usually via a picture and text.

I know I will eventually have to file a contempt motion to get him to pay these other bills as he is required. My question is - am I allowed to continue telling him about the kids bills as they accrue and remind him I made the payment on the loan and he owes me for it. And can I go ahead and file the contempt motion or do I have to wait until his bankruptcy is discharged?

Thank you.


#2

Child support issues are neither stayed nor discharged during the bankruptcy process therefore, you can continue providing the bills as you are required to do and you can file a contempt motion now - you do not have to wait for bankruptcy to finalize.

The only issue in the family law realm that bankruptcy affects is equitable distribution, i.e. the division and distribution of the marital property and marital debt.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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