Post-Petition Domestic Court ordered fees?

[debtinohio]

Hi -

I'm 3 years into my 5 year Ch13 plan. I have a psychotic ex-wife who likes to file a domestic court case every year in hopes of getting additional child support. I have been successful in fighting in each of the last 6 years of these cases. Last year the domestic court magistrate wanted to assign a Guardian ad Litem and make me pay for it, I argued she should need a stay in my bk case before I could be ordered to pay anything. He agreed and eventually the case was dropped by her. This year, the same case was filed and he assigned a GAL anyway, ordering me to pay 75% of the costs, starting with $800 deposit and $175/hour afterwards. I argued that a stay should be required but he said "the GAL fees are seen as child support and have been generally allowed without a stay".

I have an email into my attorney but does anyone have a suggestion? I obviously do not have $800 now or have the ability to pay $175/hour for all hours this person spends researching her BS claims.

TIA.

[justbroke]

Whether or not the fee for the "guardian ad litem" (GAL) is a domestic support obligation seems to be District specific. It may even have some interaction with the underlying State non-bankruptcy (family and domestic) laws. Therefore, it depends entirely on the District and the State in which you live. Generally, though, the majority opinion is that the GAL fees are in fact a domestic support obligation (DSO) and, as such, nondischargeable and a priority claim in a Chapter 13.

Your attorney will probably look at In Re Kassicieh, 425 B.R. 467 (Bankr.S.D.Ohio 2010) where the issue was determined and the Judge found that the GAL fees are a DSO and are non-dischargeable and a priority claim.

The ruling can be found at OHSB (Ohio Southern Bankruptcy District)... http://www.ohsb.uscourts.gov/OHSB/.....2012165950.pdf

As for the "stay", I'm unsure if they need a stay since this appears to be a post-petition claim in a Chapter 13. If it was pre-petition, then you they would file a priority claim. Additionally, "child support" and "domestic support" obligations are specifically excluded from the stay (11 USC 362) so long as it's not attaching to property of the estate.

[debtinohio]

Thanks for the reply!

So is this something my attorney can file as a post-petition claim to have paid out of the plan? All other secured/priority claims have been paid so now it's just unsecureds being paid @ 1500/month till Jan 2015

[justbroke]

This is certainly something that you can ask your attorney to do. It would likely need to be an "administrative" claim (as well as have priority status). If you can get this paid through the Chapter 13, you may be better off in the long run. However, this "claim" doesn't appear to have any fixed value yet.

[debtinohio]

This is certainly something that you can ask your attorney to do. It would likely need to be an "administrative" claim (as well as have priority status). If you can get this paid through the Chapter 13, you may be better off in the long run. However, this "claim" doesn't appear to have any fixed value yet.

Thanks! I'm waiting to go back to court so I guess I'll see what happens then.

[LadyInTheRed]

I know the cost is a burden, but the appointment of a GAL could be a good thing. If your psychotic ex is making unsubstantiated claims, assigning a neutral third party to represent the child(ren) could help.

[debtinohio]

I know the cost is a burden, but the appointment of a GAL could be a good thing. If your psychotic ex is making unsubstantiated claims, assigning a neutral third party to represent the child(ren) could help.

It's very difficult to convince a woman that another woman is crazy :-p

[debtinohio]

So, my lawyer wants to modify my plan and submit new I & J's.

Is this necessary? I thought section 1305 of the bankruptcy code allowed for a new post-petition claim to be made. I didn't think it required a plan mod? That's really not something I want done!

[justbroke]

This is something procedural. When you ask for a plan modification, they look at everything all over again! You need to show that your plan is still feasible.

[HHM]

That's not how 1305 works. 1305 is limited to certain types of claims (and the on you have is not one of them) and is really more about the filing of proof of claims. And in any event, even if you tried to add the new claim, the trustee would move to modify the plan and requested all updated info.

You are going to end up doing what is stated in 1329(a)(1). You are introducing a new, post petition, claim into the plan that will affect who and how much other creditors get paid. As such, you are changing how the plan gets administered.

So yes, you will be required to submit new income and expense information, which you can be required to do at ANYTIME during an active chapter 13 bankruptcy.