Child support, spousal debt, bankruptcy ....

[wgraham969]

This is a long, ugly story, but I'm going to try to make it as short and simple as I can.

My son and his ex-wife were married for just over five years, and had a daughter together. In the divorce, he was assigned responsibility for all debt (but the ex was to pay him $4000 for her share of debts); they have shared custody, ex-wife is the custodial parent, he pays a lot of child support to his self-employed ex. Because his job ran out (business closed), he went into arrears on child support, and eventually had to file bankruptcy. His ex has never paid the $4000, mainly because she thinks the money will go directly to my son. However, the $4K would go directly to the bankruptcy, where the child support folks should have first claim on the money.

My question: is there some way that my son can get the money (file forms, file motions, something else????) without having to pay any additional attorneys' fees. Between the divorce, the child support, the bankruptcy, previous attorneys' fees, he's so broke he can barely pay attention. He knows full well that the $4K will go to child support arrears, and he has no problem with that, at all. He just wants to get into the bankruptcy system without having to pay out any more money for court or legal fees, or to at least minimize the amount he'd have to pay.

He has been told that he should let the bankruptcy referee (is that the correct term?) go after the $4000. If this is the case, how can he assure that the money actually will go against his arrears first?

Can anybody help?

 

[seniorjudge]

Q: He has been told that he should let the bankruptcy referee (is that the correct term?) go after the $4000. If this is the case, how can he assure that the money actually will go against his arrears first?

A: Correct; the judge will make sure it goes where it is supposed to go.

 

[wgraham969]

Thanks. I appreciate your quick response.

I do have a follow-up question: Are the judges in bankruptcy cases usually amenable to direct communication with the party declaring bankruptcy in order to collect funds, or must my son continue to go through an attorney. Seriously, if he had the money to continue to go to an attorney, he wouldn't have had to declare bankruptcy. Could he contact the judge directly through the Clerk of the Court?

As a "for what it's worth," his legal undertakings are all happening in Ohio.

 

[seniorjudge]

Q: Are the judges in bankruptcy cases usually amenable to direct communication with the party declaring bankruptcy in order to collect funds, or must my son continue to go through an attorney.

A: No and yes.



Q: Seriously, if he had the money to continue to go to an attorney, he wouldn't have had to declare bankruptcy. Could he contact the judge directly through the Clerk of the Court?

A: No.

 

[wgraham969]

Not necessarily what I wanted to hear, but it's pretty much what I expected. But the law school I went to wasn't such a bargain--actually, no better than the med school I went to--so I thought I'd be better off checking with someone who actually knew.

Again, thanks for your time and patience.

 

[Singlemama]

I know this post is kinda old but I came across it since i am going thru something similiar. If the original posters son had reported the $4000 as expected income when he filed would the ex wife not have gotten something from courts? My ex got something in the mail stating he had to pay the courts( or some agency) directly. Also, wouldnt the $4000 have to go towards the debt and not toward child support? Seems like the 2 are two totally seperate things.
And... not to get on a soap box here but there is no excuse for someone to get that far behind in support. Just because he is not working the child does not stop eating or needing housed and clothed. Just my 2 cents on that topic.