Can bankruptcy affect a judgment issued in family court?
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Can bankruptcy affect a judgment issued in family court?
I had to pay the ex spouse’s medical insurance, plus spousal support for 36 months. I lost my job 5 months later and couldn’t afford to pay either. The ex took me back to court for contempt and I was force to pay for medical bills she incurred while uninsured and for her attorney fees. The agreed judgment I signed is worded so that the medical bills and attorney fees are taken out of my check through the child support enforcement agency.The payments didn’t start until the original spousal support order was finished. Since this is a bill and not true spousal support. Can it be affected by bankruptcy?
Asked on August 19, 2012 under Family Law, Ohio
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under federal bankruptcy laws, most bankruptcy filings have no effect as to child support or spousal support obligations rendered under state law. From what you have written since the bills are being taken care of through the child support enforcement agency, such bills seem to have the earmarks of a child support or spousal support obligation.
For a clearer picture of what you are asking, I suggest that you consult with a bankruptcy attorney who also practices family law.
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