Dischargeable or not

[325Falcon]

I understand that court ordered child support and judgements against you as are taxes not dischargeable.

I have a debt that arose from a court action but its not child support or a judgement against me.

About 10 years ago my X-wife had a "child in need of services" (CHINS) petition filed on my son. Some "family" counsling services where provided to my X-Wife and her family and housejold to include my son and I was sent the bill, the WHOLE $6000 bill. Do to her and my finacical situation she was not liable for outof pocket reimbersment to the state for these services. So I got the whole bill.

I wen to the court and argued that I should not have to pay ANY money as I did not recieve any services. The court agreed somewhat and reduced the amount by half to $3000 at $25/mo.

I pay the money to a state "child fund".

My atturney is sure if this will be dischargeable or not. He needs to do research and get back to me.

The way I see it this IS a dischargeable debt.

What say you?

[chpxiii]

It's not what say us, but what the court says. Good luck!

[325Falcon]

It's not what say us, but what the court says. Good luck!

Understand that.
I am just looking for some opinions.

[HHM]

Let's fill in the picture a little.

Was the counseling ordered by a family court judge as part of your divorce. What court ordered you to pay, was it Family Court (i.e. as part of your divorce), or some other court. When you went to court, who was the opposition (your wife, or the state agency).

A more complete timeline would be helpful so we can put the events in context relative to your divorce.

[325Falcon]

I was already divorced for 3 years, so no this counsling was not part of the divorce in anyway. My X was haveing "issues" with my son so she turned to the courts for help. The ultimate outcome off this was a change of custody from my X to me.

The Juvenile court is where the CHINS petition was filed. The juvenile court is seperate from the Family court in my state. The juvenile court is the court that ordered me to pay.

The opposition was the county human services department. But I dont pay the county or the state, I pay the NH child trust fund which is not a county or a state agency. This is a description off the web site.

"The New Hampshire Children’s Trust Fund (NHCTF) is a non-profit organization established in 1987 by legislative statute RSA 169-C:39-c. The founding purpose of the NHCTF was to build a permanent endowment to support programs in New Hampshire that prevent child abuse and neglect. "

[HHM]

I am leaning toward the fact that debt is "probably" dischargeable. At least in so far as the BK Statute goes (section 523 Exceptions to Discharge), the only paragraph that would seem to have any bearing is paragraph (7), to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss...

Since the non-profit is specifically authorized by statute, it "might" qualify for a governmental unit. But you would really need a lawyer to research this more idepth.

In any event, you have two options.
1. File BK, list the debt, and do nothing...and see what happens. Best case scenario., the NHCTF does nothing and essentially writes off the debt.
2. File BK, list the debt, and file a "Motion to Determine the Dischargeability of Debt". By doing so, a hearing would be set before a BK judge, and if the NHCTF actually contests your motion, the judge would decide.

The "catch" with option 1 is, that if after discharge, the NHCTF still comes after you, your only recourse is to re-open your BK and file Motion to Determine...".