Legal Question in Family Law in Illinois
Through my divorce in April 2003, my ex was order to pay child support 20% net of his income. At that time it amounted to $320 per month. He paid all child support until my son was 19 (because his birthday is 10/5/92). The divorce decree also stated that if my son attended post secondary school the ex was to pay half of the college tuition plus living expenses. In 2011 I filed a petition for the ex to comply. I went back to court 3 times because I didn't have an address to serve him the summons to appear in court. So the judge entered a default judge for $320 (based on the orginal divorce decree) per month for our son's education support until I was able to get a valid address. I did get the address but I decided not to take him back to court to pay for the 1/2 of our son's tuition ($10,000 per year) Now the ex has listed me in his bankruptcy as a creditor to discontinue paying this support. Can he? Is this legal>
2 Answers from Attorneys
Unless the Bankruptcy Code has been revised, child support obligations are not dischargeable in bankruptcy. You may want to consult with a BK attorney and discuss filing an objection to dischargeability in the BK court.
He is required to list all of his creditors, whether the obligation is dischargeable or not. It is support and not dischargeable. Now you have his address.
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