medical expenses owed to ex spouse

[SeekingZero]

Curious if any one has any thoughts on this situation- Since filing for CH 7, found out that my first ex feels she is owed back medical expenses for uninsured medical expenses going back to 2011. there is a written agreement for child support, and it included language for each parent to pay 50% of medical costs, however, it also said that receipts are to be sent within 30 days. I believe I have paid all of these bills, but she is insisting that i refused to pay them. I need to pay the bank a fee to research and pull records going all the way back to that date, at a cost to me if I want to get proof of what I paid. what she is claiming is almost $10,000, which is no way what she provided to me, it could be that she just paid it out of pocket for all those years and never sent it to me. Any way, my main question is that since she is aware of the bankruptcy and was notified as far as a child support receiver, can those arrears, even if true and accurate, still survive the bankruptcy like the child support order?

[justbroke]

Domestic support obligations (DSOs) survive bankruptcy. They are also not subject to the automatic stay. A DSO can include alimony or child support. The question will rest on whether that is considered a "domestic support obligation" which would render it non-dischargeable; I think is reads as a DSO because it's included in a child support order.

If the sum that she is claiming is $10K then it may be worth it to pay the research fee for the bank. I think I "thought" about pulling old bank records two years ago, and it was going to cost at least $300 to go back to 2012. Most banks charge an hourly research fee for someone to go into the archives and pull the records. Plus they charge the cost to reproduce the statement.

Did you file through a bankruptcy attorney? Did she file a claim in the bankruptcy?

[SeekingZero]

thanks. Yes, I used an attorney. She has not filed anything as of yet, but was at the 341 meeting, didn't say anything. the deadline for claims has has passed. (or objections, whichever one comes first, i forget). i'm 30 days out now form a discharge. I figured it would cost me 400 for the 6 years worth of statements. I don't have any way of paying that, or even an increase in CS. shes looking for a 500% increase as it is, on top of the medical arrears. I'm pretty much financially ruined between my current wife moving out, the BK and soon a very likely HUGE increase in CS. Maybe moving back home with the parents at 40.

[justbroke]

It would likely end up back in State court anyhow as the only question would be whether or not you paid the required amount. The DSO would literally "fall through" the bankruptcy un-affected and your only recourse is likely State non-bankruptcy (family) court. That's why I asked about whether you had an attorney who was advising you.

[SeekingZero]

got it. yes, i have both attorneys. The only thing we can do is try to argue against the increased CS, and the medical bills. thats been the plan. I had a thought that maybe she was considered a creditor and that that would be discharged, but I guess I knew the answer all along. Its a discouraging situation i'm in.

[SeekingZero]

hope she's not reading my posts.