Legal Question in Bankruptcy in New Jersey
Repaying Bankruptcy after divorce
My son and his wife declared bankruptcy several years ago. Shortly thereafter they separated and divorced. Part of the divorce agreement said that they would each pay half of the bankruptcy until it was satisfied. He has paid his half over about the last four years, but she now has not made any payment since September,2000.
This must be paid by June, 2001, and his job is at stake since his financial situation must be current and in order. He believes he cannot deduct this from child support.
Does he have any legal recourse so as not to get stuck with more than $1,200.00 for her part of the re-payment schedule?
1 Answer from Attorneys
Re: Repaying Bankruptcy after divorce
If there is an existing order requiring her to make a payment that she is not making, then she is in contempt of the Order and can be required to comply by the Court. However, the Court will not do anything unless asked to do so. This is done by the filing of a motion. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
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