Legal Question in Family Law in Indiana
Divorce Settlement
My ex-husband declared bankruptcy and included or divorce settlement in that, although I was not notified. He is now suing me for back support equal to the amount that he owed me, which is why I hadn't been paying. In addition the child lived with me for a year of this time (I never changed custody, civil, HA!)Am I supposed to pay the entire arrears?
1 Answer from Attorneys
Re: Divorce Settlement
You have some arguments about why you do not owe the arrearage.
However, his argument is a good one, too. He owed you for marital debt, which is dischargeable in bankruptcy.
Your child support debt is money for the child/children. That is not something that can be bartered away.
Now the fact that the child lived with you for part of the time MIGHT get you some mercy from the judge. But then again it might not.
ALWAYS go to court and get any changes sanctioned by the court. Otherwise, you can end up in a situation where you owe child support arrearage for a child who was actually living with you for a period of time.
Hope this helps answer your questions.
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