Non-BK Legal "Opinion" wanted (Divorce, Chpt 13)

[caj0524]

OK all you lawyers out there... I am not looking for legal advise, just your opinion. If any of you know any divorce law that'd be great too.

In my divorce settlement it lists all the debts, and who is responsible for paying them. It also states that they are to be considered family support, and are non-dischargable in BK court, persuant to BK laws...

Not good, I know...

I also know that although I cannot have the property settlement portion of the divorce decree modified, I can have the family support / alimony modified if circumstances warrant (in my case, my newborn twins and now-unemployed stay-at-home wife).

I will be meeting with both a BK and divorce lawyer shortly, but I'm trying to get my proverbial "ducks in a row" before I go. Later this summer I will be filing a Chpt 13, ultimately trying to get several of these marital debts discharged. My plan looks like I will only be paying about 5% to my unsecured creditors.

My questions are these:
1. Generally in divorce court, are additional dependents cause for support modification, if all other factors are the same?
2. How bad is my divorce settlement going to hurt my BK, if it is not modified?
3. Can those debts, because they are considered support, be listed as priority creditors and be paid first?
4. Are there any other questions I should be asking?

I did both my previous 13 and my divorce pro-se. My BK was confirmed, but I requested it be dismissed so my new wife and I could file joint. I know I missed an important thing in doing the divorce pro-se... and I'm kicking myself now.

With the newborns, I still do not have $$$ to hire a lawyer. We stopped paying the unsecured bills several months ago, and my paycheck is just getting us to the next paycheck (barely).

Any thoughts, ideas, concerns, opinions???

Thanks so very much!

[jennordhavn]

I can only answer #1. In most states, child support could be modified when adding additional dependents. Basically it would change how you file your taxes so that could potentially change the amount of support. It probably won't make a huge difference because they don't use actual expenses paid to refigure the amount, but your and your ex's filing statuses, percentage of time with the child and child care expenses for that child would be taken into account.

HTH.

[caj0524]

No children...

We did not have any children.

In Wisconsin, all support is family support.

The actual numbers are:
$1000 lump sum alimony payment
$500 per month for 3 years alimony
$20,000 in bills that are classified as alimony

It's the $20k in bills that I will be trying to discharge in Chpt 13.

[filingin08]

Our experience... Husband has $30k joint debt with ex-wife which was included in the divorce as part of the property settlement. Our atty says it is NOT a domestic support obligation and husband can include in bankruptcy.

Her atty says it IS domestic support obligation and husband should pay.

The divorce decree never once referred to it as support.

The ex has filed an adversarial complaint and we are set for trial in September.

I would think if your decree states specifically that it cannot be discharged and it is listed as support, you may be liable.

Good luck. Would love to know what your divorce/bk attys have to say.