Legal Question in Family Law in California

my husband recently went to court for custody of his child and his ex-girl friend asked the judge to pay her attorney bills. he is out of work but the judge granted half her legal costs to be paid, we recently filed Bankruptcy and put her on as a debt but her attoney will not accept it and said we will be in contempt of court if he does not pay. i thought if the debt is placed on our BK they were not allowed to go after us?


Asked on 9/27/11, 10:17 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The last time I checked, you could discharge an attorney fee order in Bankruptcy, but you could not discharge child support. Some state judge's were helping the recipient of fee awards, by labelling the fee award as "child support." That practice has been criticized by the Courts of Appeal. See for example, Boutte v. Nears (3rd Dist. 1996) 50 Cal.App.4th 162.

I suspect the attorney knows this and is trying to bluff you.

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Answered on 9/30/11, 2:16 pm


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