Pasrt Due Reimbursements for Children

[howdidithappen]

What if I choose not to pursue it? A different family law lawyer told me it would just go to my creditors so it isn't worth pursuing (Rather foolish to pay another lawyer to get money for my creditors. Another suggested I wait until the bankruptcy is closed so it's up to me whether or not to pursue it. What would the trustee do as far as pursuing it against my ex? I've gotten differing opinions as to whether or not it's exempt. Had I got that money owed to me, I probably wouldn't be in the mess I'm in today... The expenses have all been paid by me. Ex is suppose to reimburse me a percentage in accordance with our Property Settlement Agreement. The bills were submitted to the Court with proofs of my payments. Ex provided no proof - simply said he paid them and owed me no money. The expenses are medical, educational and summer camp. If I report it, must I then go after it? What can of worms is opened when the ex gets involved? It's my understanding that these reimbursements belong to the children - not me.

[LadyInTheRed]

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?

You report the receivable as an asset. It doesn't matter that he claims he doesn't owe it to you. If you believe he owes it, it's an asset that gets listed on your BK petition. If it's not an exempt asset as the attorney you consulted with seems to believe, it's up to the trustee whether to try to collect from your ex. If the trustee doesn't try to collect from your ex and abandons the asset, you may want to find a new family law attorney to file a new petition in family court.

[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?

[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]

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?

[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.

[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 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?

[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]

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.

[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]

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.

[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]

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.

[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.