If your husband is still not current on his obligations you need to file another motion to show cause. You are correct that Alimony and Child Support are not debts which can be discharged through Bankruptcy; they are ongoing obligations which he must fulfill. These amounts should only be changed if there was a substantial change in circumstances affecting his income, not his obligations. Even then he will have to petition the court (civil district) to lower the alimony and child support. His new wife
Thanks for the reply.
Yes, I am still owed money for the ED. We have been waiting to have his business evaluated and everything is completed now. The only asset he has left is his retirement as he closed his business and liquidated all his other assets. We do have a freeze on the retirement account.
He owns a house but is selling. Can I have a lien put on the house to recup some of my money he owes?
Can I ask for atty fees in bankruptcy court as he brought this action on? Will I still be entitled to 50/50 split or can he petition for an unequal distribution bc of his financial situation?
(I too have many debts, but am working hard to pay them and to care for the minor children )
I can see how his new spouse’s income can not be included to pay his debts to his xwife or for child support, BUT if he is saying his personal expenses are so high (ie. taking care of himself and his new wife) why would she not be expected to have a salary to share in the living of expenses of him and her, esp since he cannot meet his support obligations.
If you are still owed money on the ED then you will need to be listed as a creditor in the Bankruptcy proceedings, and if you have an action pending for equitable distribution, you need to put a notice out, and a lis pendens on the home. If you do not have an action pending for property distribution you need to file one to accomplish this.
I do not practice in the area of bankruptcy, however I do not believe there is statutory authority to recover attorney
thanks once again.
His circumstances have not changed since we went to court for the contempt. Then, they found he lowered his income in bad faith and made him pay all the back money, plus the on going support. Which like I said he has only paid a portion of the back support and no on going support. The large debts he says he has now were not reported this high to the court at the time of the contempt hearing. He says they are higher because his spouse is out of work and cannot get a job, although she is in a field that should be hiring and we live in a big city. I think she is lowering her income in bad faith also, but I do not wish to pass judgment.
Are sanctions tougher if we have to go back to court again to ask the court to hold him in contempt? I am going broke myself with lawyer fees and incurring debt to pay bills without support money. We have 3 minor children I am supporting. He was asked to pay a portion of my lawyer fees, not all of them, though. Could he be asked to pay more or be given a fine.
The court did order commitment if the back support is not paid by a certain date, which is coming up soon. My atty tells me we would have to go back to court to get him committed to jail? Is that true, even if the order by the judge stated commitment to jail if back support not paid?
I just feel all his mistakes and acts of bad faith are costing me a bundle and I think he is doing this to force me to a settlement, which is not fair, but at least it ends this drama.
My ex husband is filing bankruptcy. He is behind on child support and alimony. He was recently held in contempt for not paying support and was committed to serve 30 days in jail. He was allowed to purge the contempt by paying the back support. He has only paid half of what is owed, but has 30 days to pay the rest. Meanwhile he never resumed paying the monthly support.
Now he states he will not be paying the rest of the back support or the monthly support as he has too much personal debt himself and is filing bankruptcy.
I know alimony and child support can not be discharged but can they be lowered or altered by the bankruptcy court? I am not opposed to them lowering the payments temporarily, as long as he “pays back” what he owes me after he gets back on his feet.
Will I have to go to incur costs of going to bankruptcy court to get my support paid?
He is working at a much lower paying job and his spouse recently quit her job. They have lived beyond their means for the last year and now wish for me and the children to suffer by not paying support. I do not think that is fair.
Will I receive justice by the legal system?