Legal Question in Bankruptcy in Iowa

I have an Ex-husband that is filing for bandrupcy. He has named me as a creditor because he pays childsupport and is suppose to pay half medical-per divorce decree from years ago, he is $1000+behind on his medical half. I think he is trying to write off the medical expences he owes me for.I know he can not write off his child support through bankrupcy, but can he attempt to write off the medical expeces he was ordered to pay in our divorce? Will i need a lawyer for this or is a previous judges rulling that he pays for his childrens medical expences upheld and cannot be considered a bill he can write off??


Asked on 10/12/09, 12:40 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

The exact question you're asking is are the medical/health insurance costs he was ordered to pay in the divorce settlement dischargeable in bankruptcy? The answer to that question depends to some extent on whether it is a Chapter 13 or Chapter 7 bankruptcy. The general scope of exceptions is set out in section 523(a) of the bankruptcy code.

I think you need to contact an attorney knowledgeable in bankruptcy law to assess your situation and be prepared to file an "objection"-that is not my area of expertise.

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Answered on 10/13/09, 9:15 am


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