Can I modify a specific part of my divorce decree (read below)?

Chicago, IL Viewed 57 times. Posted 6 months ago in Alimony
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I am paying $500 per month in alimony for 3 years (1 year left!!!). I could not afford a lawyer, and attended court via telephone from my new home in NY (pro-se). I didn't realize that her lawyer added a line to the judgement stating all debts were to be classified as spousal support, not as debt or property. I signed it, it was filed, and that's where we are today.

I am filing a chapter 13 bankruptcy. The BK lawyer says that I cannot include those debts in the BK because they are classified as support, but most are old CC's and other unsecured debts.

Since they are classified as support, can that part of the divorce decree be modified, as any other support modification could? I am now a new father to twins, and those would be the grounds for the modification.

Thanks in advance!
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Answers (1)

Kevin Lee Linder

Kevin Lee Linder Avvo Pro

Contributor Level 7
This attorney is licensed in Illinois. Posted 6 months ago. Flag as objectionable
This is a difficult question and one which a bankruptcy court may need to decide upon. Simply the fact that a line was added to attempt to classify something as support, does not mean that a bankruptcy court has to treat it as maintenance. I doubt a family law court would reopen a dissolution to amend the judgement. please consult an experienced bankruptcy attorney and you may wish to consult a family law attorney where the divorce was granted.
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