New Adversary Proceeding

[playdrums]

Folks, I was recently hit with a Adversary Proceeding (4 days ago). The deadline to file AP's is tomorrow. The adversary is a the attorney of my son's mother. The last time we were in family court the judge ordered me to pay some of her attorney fees (directly to her attorney). I included these fees in my filing for discharge. In family court, the basis for the fees is that I was supposedly in a better position to pay her fees than she was. As we know, this is not always the case because family law judges don't really look at what your expenses are - just your income. The truth is, I really can't afford the fees.

Anyway, a AP has been filed claiming that the attorney fees awarded to them constitute domestic support to my son's mother. The attorney has named her on the suit as well - trying to tie her to it as much as possible.

Anybody have any experience with something like this or have any specific advice related to whether this can really be considered domestic support?

[AngelinaCat]

If the attorney fees are considered and ruled as 'Domestic Support', then they won't be discharged anyway. Did you file with an attorney? If so, you could talk to him/her about it and see what is said. Typically, an AP is considered a separate case, and is charged separately.

The best we could hope for--and did accomplish--with our AP was to have it kicked back to the Civil Court, and agree to abide by the outcome of that court. Since the plaintiff never took it to trial, it was eventually disposed of as "not being pursued in a timely matter."

Family Court is different, though. I hope someone with more pertinent experience will chime in.

Good wishes to you~~~