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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

Miami, FL |
Filed under: Divorce

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. Best answer

    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-client relationship is created or is or is intended to be created by my answer. You should contact an attorney in your area to discuss your case.

  2. 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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

  3. 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 licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.

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