Attorney fees???

[elaine60]

I took my ex back to court on a rule to show cause for not facilitating visitation. They in turn filed for modification of visitation. I incurred a large sum for attorney fees. I won my case and my ex was denied their request for modification.

The judge was very angry with the way my ex handled themselves. I had my visitation reinstated immediately plus I get full physical custody for the whole summer of 2010.

The judge also ordered my ex to serve 180 days in jail that was stayed upon the stipulation that they pay $2000.00 of my attorney fees in 90 days.

Here is my question: Can my ex file bankfuptcy on those attorney fees?

The ex wants to pay payments each week but that is not what the judge ordered. Do I have to agree to this?

I do not want to use my attorney anymore as I can not afford him.

[goingcrzy]

I am not sure if it is court ordered-

But we had some attorney fees from a bogus complaint against our business. We included them in our bk with no problem.

[elaine60]

I think this answered my question

Criminal actions, lawsuits to establish paternity or other domestic relations actions (custody, visitation, domestic violence), litigation to collect child support or alimony, repaying a loan from certain types of pensions, and IRS audits are not stopped.

I really think this answered my question because our case pertained to visitation.

[music12]

yes, i am pretty sure that this kind of thing cannot be discharged in bk. do you think he is about to file?

[elaine60]

I was told that their spouse was filing. But then again everything was in the spouses name. Their home, automobile and pretty much all of the rest of their bills. I have been able to go online and see in court where judgements have been issued against the spouse but my ex is not a party listed on any of them.

I would say from what I copied up top that since it was a case involving visitation that they would not be able to file against what the judge has ordered.

I guess it just makes me sick because 9 months ago I wanted all of this to come to an end. I offered the same thing the judge ordered because I knew I had a good case. They could have saved probably 3000.00-4000.00 at that point as could have I.

I really do not want them to go to jail but I am leary of taking any kind of a payment set up and I am not even sure if the judge would agree to it!