Nasty Divorce, Two Children Involved, and Ex Says They Will File Bankruptcy to Ditch Child Support

“Dear Lewis,

I am writing for my daughter and have 2 very simple questions to ask.

She has been trying to close up her divorce and custody for 6 yrs. Her ex has been very difficult as far as paying child support, but reluctanly pays an amount that has been court ordered. Needles to say, this has been a very nasty divorce. There are two children involved.

1. We have very clear evidence that he has announced to my daughter that he is filing bankruptcy, comments made several months ago. He is saying he won’t have to pay child support any longer. Isn’t “preparing” for a bankruptcy against bankruptcy law?

2. Is the child support he is not paying dismissable in the bankruptcy? I thought he would still have to pay it.


Dear Jan,

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Don’t worry… easy answers.

But first… there is nothing wrong with “preparing” for bankruptcy. Hiding assets or fraudulently using credit cards, etc, would be a different story. But again, there is nothing wrong with properly planning a bankruptcy.

As to child support, it is absolutely not dischargeable in any chapter of bankruptcy. He has to pay child support, period.

Good luck,

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

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