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Ex-Husband Filed Bankruptcy

My ex-husband trying to avoid child support. He recently file bankruptcy and knowingly included a debt that we had together that is over 10 years old and no longer on my credit because of its age.Says my half of debt,$4,200 will be offset by not sending child support until paid. Advice?

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 ---Carolyn on 7/27/05
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Part 2 of 2: You may find yourself in need of the Bankruptcy Code's protection. In some states, your ex-husband's creditors may have the right to collect the debt from you, even if your husband received a "Discharge" from the same debts. I'm saying this as a person who worked for nearly 14 years, for the U.S. Bankruptcy Court. Get yourself a good bankruptcy attorney.
---MtnDew on 8/19/05

Part 1 of 2: Carolyn, consult a "Bankruptcy Attorney". There are a lot of attorneys out there, which know nothing about the Bankruptcy Code, but would love to take you money. There are certain types of debts that are not dischargeable under the Bankruptcy Code, such as alimony and child support.
---MtnDew on 8/19/05

Ralph obviously has very strange ideas about what takes up a mother's time whilst in the house all day. Wouldn't it be lovely if we did have all that spare time to spend on the internet as he suggests. When my friend's children were small she hardly ever sat, down even to eat, yet her husband thought she spent all day drinking coffee with her neighbour!!
---Xanthi on 7/29/05

Carolyn, you sound very sincere and I don't think you have much to worry about. There are ways that the child support can be gotten from him even if he stops paying you on his own. Ask an attorney. Madison, you should realize that marriage is a contract like any other contract. If one party breaks the contract they can be sued and are entitled to nothing. This is universally true except in the case of marriage. Was this really God's intention?
---ralph7477 on 7/28/05

Ralph: Throwing out the baby with the bathwater I see. Why did your wife stay home in the first place? Was it by your desires, or hers? Was she raising your kids at the time? Did she have a career that she gave up to do so? What was her earning potential when you divorced? Those are the things that need to be taken into consideration.

I agree debts need to be split, but has the writer has said, this was something that was supposed to have been already taken care of.
---Madison on 7/28/05

Madison, it's not a matter of who deserves what in divorce. A woman who stays at home with the kids can spend her days meeting guys on the internet while her husband is off hard at work and when she leaves for another guy she can demand the house, the kids, alimony, child support, etc. Experience speaking here. Courts say she deserves it all, I don't agree. The point I was making was that if assets should be split, so should debts.
---ralph7477 on 7/28/05

Yes Ralph... You do have the wrong understanding. My ex has been married 2 more times since our divorce. The issue here is that I arranged a settlement with this company 5 years ago and they never contacted me, company switched names a couple times. During all this, the 7yr clause kicked in and it was taken off my credit & my ex's. However, it just showed up when he filed bankruptcy
---Carolyn on 7/28/05

Your former husband cannot escape paying child support, especially if it is court ordered, or stated in your divorce decree. So the debt is seperate from child support. Take him back to court and get what rightfully belongs to your child. In my state, if you don't pay child support or your arrearage gets to a certain amount, they garnish your tax refund check, and it goes on your credit report.
---mr7788 on 7/27/05

Ralph: You do understand that most husbands who get raked over the coals in a divorce have a decent job to support themselves with. My ex-wives do not. She gave up her career opportunities to stay home and raise his children. She is deserving of the moneys she gets in the divorce settlement.
---Madison on 7/27/05

Perhaps your ex-husband is filing bankruptcy because he is broke from the divorce. More often than not, lawyers, judges and ex-wives do a pretty good job of making sure that the husband is left financially devastated once it's all said and done. If you share a debt, I don't see any reason why you both shouldn't contribute toward paying it off.
---ralph7477 on 7/27/05

Call your lawyer. I cannot give you legal or financial advice. Only a professional can.
---Madison on 7/27/05

Ask your attorney. If the debt was also in your name, the bankruptcy could possibly affect your credit. I don't think a judge would look too kindly on these actions, your ex is twisting things around to suit himself.
---Nan on 7/27/05

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