Ms.
My boyfriend is currently finalizing his divorce. There is a separation agreement that was made a court order stipulating the monies that she must pay him (for ongoing costs, child care, etc.) They have shared custody of the children and there is no child or spousal support on either side. She owes him roughly $10,000 and refuses to pay (she is in contempt of the court order). She has filed for bankruptcy before and he thinks she is going to file again. Will the court order still stand or can her debt to him be part of her bankruptcy?
Posted from: Ontario
The short answer is if the Court order is not for support payments then likely the debt is dischargeable if she files for bankruptcy.
If she does, your boyfriend should talk to his family lawyer to determine if he should return to family court and seek a new order…
In addition, as a creditor in his ex’s bankruptcy he has rights and he could certainly draw out the bankruptcy and ask the bankruptcy court to require his ex to pay for a longer period of time than is usually the case.
If she files for bankruptcy start with the family lawyer and see what happens.