Can ex-spouse file Chapter 7 or 13 to avoid expenses?


#1

Through the divorce proceedings, a child custody and child support court order was issued that required my ex-spouse to not only pay child support, but also 42% of all child care and medical expenses for the children. Ex-spouse filed Chapter 7 (or 13) a year or so later, caught up on his child support payments, but stop paying the 42%child care and medical expenses. He is currently $2200 (or more) in arrears. Can he avoid paying the outstanding child care and medical expenses by filing bankruptcy?


#2

Not an attorney, but recently had this situtation. I am the CP and NCP filed a Chapter 7. Child support, arrears and even medical expenses related to the children can not be discharged in a bankruptcy. Basically anything that the NCP is to pay related to the support/care of the children. So if the NCP is to pay for daycare and there is a debt to the daycare provider, it is not dischargeable.

Hopefully, the attorneys respond to you and confirm the same.


#3

Those debts are not dischargeable in bankruptcy.