Personal Bankruptcy Domestic Relations Order

[Cindy4563]

I have been divorced from my ex husband for almost 3 years. I won a domestics relations order through a judge to receive $415 of his pension check for 6 years. I have about 3 more years to collect. The pension company sends it directly to me. He just filed a bankruptcy claim. I got notification of it in the mail. There is a hearing next week. Can he claim this on his bankruptcy even though it was court ordered? His lawyer says he can. Am I out this money? Do I have any options? Also, do I need to show up for the hearing next week. He filed in NY where he resides. I live in PA. Thank you in advance. Cindy

 

[despritfreya]

I have been divorced from my ex husband for almost 3 years. I won a domestics relations order through a judge to receive $415 of his pension check for 6 years. I have about 3 more years to collect. The pension company sends it directly to me. He just filed a bankruptcy claim. I got notification of it in the mail. There is a hearing next week. Can he claim this on his bankruptcy even though it was court ordered? His lawyer says he can. Am I out this money? Do I have any options? Also, do I need to show up for the hearing next week. He filed in NY where he resides. I live in PA. Thank you in advance. Cindy

First rule: Never listen to your adversary's attorney.

Second rule: Obligations that arise out of a divorce decree are simply not dischargeable in a Chapter 7.

Third rule: Obligations that arise out of a divorce decree that ARE in the "nature of support" ARE NOT dischargeable in a Chapter 13.

Fourth rule: Obligations that arise out of a divorced decree that ARE NOT in the "nature of support" ARE dischargeable in a Chapter 13.

Fifth rule: You need to discuss your specific situation with an attorney who understands bankruptcy law.

So it depends upon which chapter bk the ex filed and if a Chapter 13 whether or not the obligation was/is "in the nature of support".