does ex wife have to know about my husband and i filing for 7

[jenn11]

He's never been late on a payment and will never be in the future as well? and if so...why? And can she do anything with the information?

[drowning123]

Only if he and she own joint property, which can be used as asset. Also, if there are loans they had before they divorced, that will be an issue. Is it really you who needs to file?

[jenn11]

No. He has been divorced for over 11 years now. This is only debt we have together now. His amount is much larger than mine yet we still decided to file jointly. He has never missed any support payments. When we saw our lawyer, however this am, he asked for her address so that she could be notified as she would be listed as a creditor. We were blown away. He doesn't make pymts to the court or have wages garnished...they are always mailed directly to her.

[ValleYum]

My hubby's ex gets half of his military retirement pay.

We had to fill out a Domestic Support Order information form for our attorney so that she could be referenced correctly on Schedule E of our BK Petition.

Looking at our Certificate of Notice, it appears she was sent our BK information.

[drowning123]

Oh yea. I forgot about alimony and child support.

[jenn11]

Is there anything she can do with the information? My fear is that she will now try to get more support now that we may get cleared a bit with this filing and we just recently had 2 kids 2009 and 2010.

[jenn11]

I mean....I'm speaking of pure greed when it comes to this woman. And she can find a hustle on the way to church, if you know what I mean. There are only 2 years of child support left but it pains me that she could be privy to this information. I love my step daughter as if she were my own and we still intend to help her in college, but her mom is a piece of work when it comes to $ and I feel so shocked by this discovery.

[drowning123]

No, she can't do anything with the information, but your husband better make sure to disclose everything. He needs to tell the truth about all finances, in case she wants to paint him as a liar. It's good that he's not behind on his child support.

[jenn11]

So...will she only know about the filing for 7 or will she then become aware of all of our assets and income amounts?

[drowning123]

She will only be notified that you're filing for bk, nothing else. She won't be getting a copy of all your finances. I'm just saying your husband should disclose everything in case she wants to be vindictive and delay his discharge. As long as she knows she'll still be getting child support/alimony, I'm sure she'll be happy.

[ValleYum]

She only gets the forms that all "creditors" get - first, the one that tells the date and time of your 341 meeting and then a copy of your discharge.

Does your hubby send $$ directly to her or is it done through the courts?

[jenn11]

the $ is sent directly to her.

[sunshinepa]

In order for her to increase the support, she has to go back to court and apply. If the income has not changed, it's doubtful that she will get an additional amount.

[ValleYum]

Then it will go to her address. Our lawyer said that if payment went through the courts the letter would be sent to her c/o of the court's address and if all was timely in payments, usually the court just filed it rather than forward it on.

[LadyInTheRed]

While nobody will send the ex-wife any financial information from the petition, she can get a copy of the petition if she wants to. It's public record. Anyone can get a PACER account or walk into the court house and look up any bankruptcy case and view all the documents filed. As already said, all she can do with the information is use it to support a petition to the family court for an increase in support or make trouble if she knows anything in the petition is false.