Location: Pennsylvania, USA
To make a long story short: my ex-wife cheated on me and had a child that wasn’t mine. It took a long time, but I finally proved fraud and was released from the responsibility of the child. I then sued my ex-wife for all the child support I had paid due to the fraud. They negotiated with us in the hallway outside the courtroom for which the judge then filed the agreed-upon order that we both signed for her to pay me $1,000 a month for approximately six years.
Now, to my question: She recently sent my lawyer and me a letter claiming she’s filing for bankruptcy. She offered me $25,000 to settle the entire matter immediately, threatening to go back to court and try to get out of the existing court order for various reasons .
I just spoke with my family lawyer, who stated that since she’s not a bankruptcy lawyer, she couldn’t offer much advice on this specific issue.
From what I’ve read online (and we all know how reliable that can be, lol), it appears that my ex-wife cannot avoid paying me by filing for bankruptcy. Does anyone have any insight on this? Based on the differences between Chapter 7 and Chapter 13, I would assume she would be filing Chapter 7.
To clarify the situation: I am being paid child support/arrears for a child who is no longer legally mine. I successfully sued her in court for the child support I had previously paid due to her fraud. All of this is being handled through the domestic relations office.
Comments
It actually sounds like what she is paying you is NOt child support, but rather a civil judgment possibly based on fraud or “misundestanding”. She would not be able to get out of paying child support arrears but hi sounds different and I think there is a good chance she can include this amout in her bankruptcy,
Practically, you should consider if you want to take the surefire $25k and be done with her or risk nothing in the future. Talk to a lawyer who specializes in BK. Also, wgere is she getting the $25k from if she;s broke? It is a bit suspicious. Good luck.