Before any one goes on a rant, the arrearage in question is due to hubby being taken to court EVERY SINGLE YEAR for raises in CS by his contentious ex and the courts taking their GOOD OLE SWEET TIME deciding that A+B=C. Each year, there was an addition to the arrearages of anywhere from $2000 to $4000 each year. This went on for ten years and CSE hopped on this about one month before the youngest child emancipated at the age of 19.
But I digress, just wanted to deal with what I'm sure will be a flood of avoiding the question all in favor of telling me what a piece of crap my husband is...
Anyway, on May 1, 2003, the arrearage was reduced to a simple judgment, as the youngest had emancipated. At the same time, monthly payments were reduced from $1000 a month to $250 a month, which we have been paying via wage assignment ever since. This May will, obviously, be 6 years. At no time was my husband's ex on welfare of any kind and the state is owed no monies, this is simply arrearages the ex feels she's entitled to even though both children are long gone, married and have kids of their own. (Side note: the ex has looked long and hard for ways to stay in my husband's life, even though she left him for another man while he was gone during the first Gulf War, which is apropos to nothing, I just like to tell people what a cheating ho she is...)
I have been seeing on various websites that a CS order reduced to judgment is dischargeable in BK proceedings. We filed a CH 13, or rather out attorney did, a week and a half ago (God, was that wonderful that the phone stopped riinging INSTANTLY! I picked it up a few times the first few days to make sure it wasn't inadvertantly shut off for whatever reason, knowing the bill was paid). Now, CSE in Colorado, where the judgment is located, tell me they can't offer her any legal assistance with this, that they routinely don't show up to 341 hearings because CS is not dischargeable. However, the original creditor is DH's ex-wife, not the state.
I have tried researching this on the web but everything I find relates to the children still being minors and in the home. My step-kids are not still in the home of their psycho mother and have, in fact, got kids of their own.
My DH's ex is a particularly ignorant woman (I could share stories but won't, suffice it to say hubby gets his whole military retirement because she didn't know she had to file the paperwork) and is completely reliant on "the system" and "the man" to do her dirty work for her. She will probably do nothing with regard to this and CSE has already told me that CAN'T do anything other than forward the paperwork to her. However, CSE refuses to stop wage assignment until they are given a notice of discharge, which they assure me they will obey without appealing.
This particular issue has been weighing on me heavily, and let's admit it, it's not the money. We were resigned to paying it for another three years anyway, including being nowhere near resentment when the income tax returns were taken since every $250 she got removed a month of obiligation from the debt. I just am SO sick and tired of her being in our pocket. Now that I am disabled and unable to work, I can no longer stomach seeing that cut from hubby's paycheck when all the woman did was lay on her back with a stranger and was then financially rewarded for it. Also, to add some honey to the pot, we just found a few days ago that the broken leg my stepson suffered when he was 15 (eleven years ago) was NOT due to his falling off a trampoline but due to his mother shoving him down the stairs at her home. Following that bit of abuse, she THEN refused to use the provided (military) insurance and filled out all the medical forms as though she were me, using my SSN that she got from the courts due to the requirement hubby submit IRS stuff, and then proceeded to creat nearly $100,000 in medical bills that took me three years to take care of, in the form of proving we weren't in CO when it happened and giving them all the info to track down his ex.
Now I'm just ranting but this has all stirred up alot of garbage I've been buring for years and I'm hoping all of you can forgive my little spleen burst...
Has anyone else gone through a similar situation in the BK court? What can we expect?
But I digress, just wanted to deal with what I'm sure will be a flood of avoiding the question all in favor of telling me what a piece of crap my husband is...
Anyway, on May 1, 2003, the arrearage was reduced to a simple judgment, as the youngest had emancipated. At the same time, monthly payments were reduced from $1000 a month to $250 a month, which we have been paying via wage assignment ever since. This May will, obviously, be 6 years. At no time was my husband's ex on welfare of any kind and the state is owed no monies, this is simply arrearages the ex feels she's entitled to even though both children are long gone, married and have kids of their own. (Side note: the ex has looked long and hard for ways to stay in my husband's life, even though she left him for another man while he was gone during the first Gulf War, which is apropos to nothing, I just like to tell people what a cheating ho she is...)
I have been seeing on various websites that a CS order reduced to judgment is dischargeable in BK proceedings. We filed a CH 13, or rather out attorney did, a week and a half ago (God, was that wonderful that the phone stopped riinging INSTANTLY! I picked it up a few times the first few days to make sure it wasn't inadvertantly shut off for whatever reason, knowing the bill was paid). Now, CSE in Colorado, where the judgment is located, tell me they can't offer her any legal assistance with this, that they routinely don't show up to 341 hearings because CS is not dischargeable. However, the original creditor is DH's ex-wife, not the state.
I have tried researching this on the web but everything I find relates to the children still being minors and in the home. My step-kids are not still in the home of their psycho mother and have, in fact, got kids of their own.
My DH's ex is a particularly ignorant woman (I could share stories but won't, suffice it to say hubby gets his whole military retirement because she didn't know she had to file the paperwork) and is completely reliant on "the system" and "the man" to do her dirty work for her. She will probably do nothing with regard to this and CSE has already told me that CAN'T do anything other than forward the paperwork to her. However, CSE refuses to stop wage assignment until they are given a notice of discharge, which they assure me they will obey without appealing.
This particular issue has been weighing on me heavily, and let's admit it, it's not the money. We were resigned to paying it for another three years anyway, including being nowhere near resentment when the income tax returns were taken since every $250 she got removed a month of obiligation from the debt. I just am SO sick and tired of her being in our pocket. Now that I am disabled and unable to work, I can no longer stomach seeing that cut from hubby's paycheck when all the woman did was lay on her back with a stranger and was then financially rewarded for it. Also, to add some honey to the pot, we just found a few days ago that the broken leg my stepson suffered when he was 15 (eleven years ago) was NOT due to his falling off a trampoline but due to his mother shoving him down the stairs at her home. Following that bit of abuse, she THEN refused to use the provided (military) insurance and filled out all the medical forms as though she were me, using my SSN that she got from the courts due to the requirement hubby submit IRS stuff, and then proceeded to creat nearly $100,000 in medical bills that took me three years to take care of, in the form of proving we weren't in CO when it happened and giving them all the info to track down his ex.
Now I'm just ranting but this has all stirred up alot of garbage I've been buring for years and I'm hoping all of you can forgive my little spleen burst...
Has anyone else gone through a similar situation in the BK court? What can we expect?
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