Can my dad Discharge in Bankruptcy money he owes for his ex-wife's attorney's fees? Fees were awarded in a Family Court Order

Asked over 1 year ago - Miami, FL

Hi, so my dad's went through a divorce in 2009 where he got custody of all the children because my step mom was a crazy bird. In that final order it stated that anyone trying to alter that order in the future would have to pay the winner's attorneys fees. Two years later, his ex-wife got it together and wanted Joint custody of their kids. She got it. All of a sudden, my dad was hit with a $46,000 + 6%/year attorneys fee award and it was put in the FINAL COURT ORDER. Is this dischargeable in bankruptcy???

Attorney answers (3)

  1. Dorota J. Trzeciecka

    Contributor Level 14

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    Answered . I actually wrote a blog on similar topic. I included a link below. I hope it helps answer your question.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  2. Kevin Christopher Gleason

    Pro

    Contributor Level 15

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    Answered . Start from the assumption that is NOT dischargeable BUT see the definition of Domestic Support Obligation in 11 USC 101 and the exceptions from discharge in 11 USC 523(a)(5),(15).

    Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney... more
  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

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    Answered . It's "possible". However, the reality is governed by the facts of the case. He should consult with an experienced Bankruptcy Attorney who will examine the Family Court Order and the rest of the facts of the case and make a recommendation.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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