Pasrt Due Reimbursements for Children

[howdidithappen]

My ex owes me over $30K in past due reimbursements for our children (the lack of payment contributed to the mess I'm in now). A lawyer told me that I shouldn't bother to go after the money owed as it will just go to my creditors. Is that correct? Child support owed to me and the children will go to my creditors?

[Pandora]

Section 522 Exemptions:

http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000522----000-.html

while BK law protects the right to receive support - BK law allows states to include / exclude support payments as income. Depends on your state.

[despritfreya]

You have a $30k receivable. If you file bk the $$ owed is an asset to be listed on Schedule B. If back child support is exempt you claim the exemption on Schedule C. If it is not exempt the Trustee (if you file a 7) will have the right to attempt to collect. Regardless, you MUST list this asset.

Des.

[howdidithappen]

Ex claims they don't owe me, although they offered no proof of payment. Family court has denied without prejudice my application for this money. Ex wants application denied.

[stormy]

My Ex owed me over 10K when I filed chapter 7. The only mention of it was at the 341 meeting when the Trustee asked me if anyone owed me money; my lawyer said to tell him yes so I did. He nodded his head then asked if I'm currently pursuing legal action to get him to pay. I told him that the State's Attorney is handling my case and he said "good." That was the end of it.

But I believe in Illinois, child support is exempt.

[howdidithappen]

Where can I get that information for NJ regrading child support? I've received conflicting information if it is "child support". These are medical and other child-related expenses I paid and are suppose to be partially reimbursed. At the current time the case is in limbo as the ex is trying to have the application denied.

[Pandora]

howdidit..

did you get your support ordered through the courts or did you just write something up and "agree" to it? Big difference between the two.

All support should be done through the courts IMO - that way no one can bug out on paying for their obligations.

Good luck to you!

[howdidithappen]

I was divorced a number of years ago - it cost me a bundle - ex is an attorney (makes mucho dollars). There is a 30+ page Property Settlement Agreement which includes child support.

[BKParalegal]

If family court deemed your "child support" not child support then it is not "child support" and therefore you have an accounts receivable which sounds completely uncolllectable and the trustee will not bother to pursue it at all. Or if you convince the Trustee that it is collectable, well then you case is going to stay open for 1 to 2 years and the trustee will pursue the non-child support claim and take the funds. Even if you claim these funds are to reimburse for medical expenses, are you listing any of these debts to be discharged in your bankruptcy?

IMHO, it is best to let your emotional feelings, even if justified, stay out of the bk and due what is best to get your discharge and move on.

Good Luck

[howdidithappen]

The family court has not deemed this as not child support. Sorry but I'm confused as to "listing any of these debts to be discharged in your bankruptcy" - what are you debts referring to?

[Pandora]

I was divorced a number of years ago - it cost me a bundle - ex is an attorney (makes mucho dollars). There is a 30+ page Property Settlement Agreement which includes child support.

the PSA might include it, but did you have it court ordered to be paid to you through the courts? I dont know how old your children are, but arrears in child support should have been addressed as soon as your ex fell behind by going to court and enforcing it.

[howdidithappen]

The PSA was incorporated as a Court Order - signed sealed and delivered by the judge. I don't know what you mean by through the courts - through probation, no that's not the case, but it's clearly spelled out what is to be reimbursed. I couldn't agree more with you that the monies due should have been addressed as soon as it happened - ex disappeared for a number of years - his refusal to reimburse the expenses has gone on for over three years - ex is a lawyer who knows how to abuse the system.

[howdidithappen]

Just to clarify - I claim my ex owes me $30K - he claims he does not - I would need to go back to court to get a judge to order him to pay. How is that handled?

[LadyInTheRed]

Ex claims they don't owe me, although they offered no proof of payment. Family court has denied without prejudice my application for this money. Ex wants application denied.

Just to clarify - I claim my ex owes me $30K - he claims he does not - I would need to go back to court to get a judge to order him to pay. How is that handled?

You say "Ex wants application denied", but say it already was denied. Why did the court deny your application? If it was without prejudice it was probably because of a procedural issue which means you need to refile following proper procedures. Do you have a divorce attorney helping you?

[howdidithappen]

It was denied without prejudice. Yes, I had a family law attorney - I'll withhold my comments regarding the effectiveness of their representation. So, how is this listed on a bankruptcy petition?