Bankruptcy


#1

My ex husband filed chapter 7 bankruptcy. He owes back child support and is not up to date on current support. I know child support is not dischargeable in bankruptcy but does it help me in collection of it?

The only assets he has are his home (which he purchased right after separation and used marital money as a down payment - and no, a free trader agreement was not signed by me) and a car. I assume they will allow him to keep these and not liquidate. He also is the sole owner of the mortgage of the home I live in with the children but the house was titled to me. Does anyone know if he would be forced to liquidate this in bankruptcy. We have a domestic court order saying he is to pay the mortgage of my home as “additional child support” Does this domestic order hold up in bankruptcy court.


#2

I do not practice bankruptcy law, so I cannot say what your ex will lose in the process. However you are correct in that child support is not dischargeable in bankruptcy, including the amount of additional child support (mortgage payments) that are outlined in your court order.