Legal Question in Family Law in Oregon

Filing Bankruptcy with Child Support in Arrears

My husband who resides in Oregon has recently filed for bankruptcy. Because of a job change and a drastic reduction of income, he owes about $40,000 to his ex-wife as child support. He states that she signed a legal document waiving all rights to past support. Is there such a document? Will it stand up in court as a valid document? He and I maintain separate households. Can I be held financially responsible for this debt? Is this something I should be financially concerned about?


Asked on 9/20/07, 11:15 pm

1 Answer from Attorneys
Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Filing Bankruptcy with Child Support in Arrears

Yes, a child support obligee may forego and waive claims for past support --- at least to the extent the money is owed to the obligee and not to the State. The form is called a "Satisfation of Judgment."

Whether such a document has been signed in your case is a question I cannot answer. If your husband says his ex-wife signed it, that's great. Next question is: WHERE IS IT??

If it exists, and if it is in proper form, and if the money is actually owed to the ex-wfie (without any portion owing to the state for "unreimbursed assistance"), and if it is an Oregon support judgment, then YES, it may very well stand up in court.

But first you need to find the document. And then call a lawyer who understands the child support system in Oregon and get some further guidance as to what to do.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 9/21/07, 1:58 am


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