I have been divroced for a year and a half.

Asked about 2 years ago - Sturbridge, MA

In /state of Mass. the divroce decree stated that he was suppose to pay me $400.00 a month for three years, pay for my dogs doggie day care and pay all charge cards and school loans. I called all charge cards and got my name dropped except home depot would not do it. He never paid the $400, or the doggie day care. Now he is filing bankrupsey and I just checked my credit score and he has never paid the home depot bill and it is showing up on my credit report. Can I go to divroce court since he is in contempt of court and hold up his bankrupsey till he pays off the home depot bill? His ex wife has money infact they had a big wedding and went on a big vacation.

Attorney answers (3)

  1. Mark Twombly Lee

    Contributor Level 10

    5

    Lawyers agree

    Answered . Additional facts are needed: You are an unsecured creditor in his bankruptcy but if the payments he was supposed to make are in the nature of alimony - the debt cannot be discharged in bankruptcy. Regardless of where the payments fall, you probably should be filing a complaint for modification to either amend an exisiting alimony order or create a new one so that you recevie the income the court decreed you entitled.

  2. Annalisa Avola

    Contributor Level 5

    2

    Lawyers agree

    Answered . Some more specifics are needed, but if parts of the order are support based then those financial obligations can't be discharged. I would file a contempt and modiciation.

  3. Henry Lebensbaum

    Contributor Level 20

    Answered . You should consult a lawyer some parts of the court order may not be dischargeable in bankruptcy.



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