Long story short…SA, Specific order of performance for failure to comply with SA, now claiming he is filing bankruptcy. Specific Order stated that a promissory note be placed on property to insure college funds for children ($50K). (My son is a sophomore in college now and has taken out loans himself.) Refuses to do so because it is “a waste of time and money due to possible foreclosure”. What should my next steps be? He has been paying me no alimony or other support that was ordered other than child support. He has violated all of the points of the Order with the exception of providing life insurance for me. How will bankruptcy affect my children and me?
If you have a secured interest in property the property can be sold to discharge the debt in bankruptcy, as further, child support is not dischargeable in such proceedings. You will need to file as a creditor to ensure your rights are protected.