Question about Bankruptcy and the Decree

[SoccerDadinCo]

Hi,

Im looking for some advice from someone who may have dealt with a similar situation...

In the Divorce Decree it was stated that the EX would retain the house and maintain it (pay the bills). She stopped paying roughly 10 months ago and I was served a summons from one of the creditors. I have negotiated a lump sum settlement with this creditor and will be taking the EX to court for contempt.

Yesterday I recieved a letter and it stated the EX has been granted bankruptcy.

My lawyer says that bankruptcy will not apply to this situation so I am adding another couple of grand for the lawyer's services on top of the settlement. Basically I am all-in at this point and more than a little apprehensive.

Looking for tips/advice from any who have walked this path before me...

[BartSimpson]

Blood from a turnip.

I encourage you to go forward with your action, tack on the cost of postage, too. However, be realistic about the outcome: You will never see any of the money. She's a deadbeat.

And you can't deduct it from any payments you are making to her - alimony or child support.

So what is her source of income? If she didn't make the house payment, what was she spending the money on? Bankruptcy discharges the debt, but who will teach her to correct the behavior?

[anonymous guest]

She got the house and you didn't remove your name from the loan/title?

[SoccerDadinCo]

Bart,

Her income is roughly 80K/year. I don't have any idea what she is spending the money on, I assume that will come out in court?

I do not pay any alimony or CS per our decree.

My main concern is wether I will see any money. I am borrowing from family to make this settlement and have re-calculated my budget so I can pay them back (somewhere in 2020... ) haha.

Is it really that easy to file bankruptcy and walk away without any accountability?

[SoccerDadinCo]

AG-

Yes she remained in the house (I had not found this site at the time) because I thought is was the best option for our D7 and her 2 half brothers. It was close to school and an easy 20 min drive for me to get her for my parenting time (50/50).

She is bad with money (obviously) and could not get the house refinanced in her name. We have tried to sell it (short sale) but did not get any nibbles.

[Fatheroffour]

Is it really that easy?

Yes.

[BartSimpson]

Her income is roughly 80K/year. I don't have any idea what she is spending the money on, I assume that will come out in court?

C'mon, no idea? Is it going to her church? Gigolos and blow? Typical modern women stuff?

Never go to court not knowing something as important as this. Discovery? Bankruptcy records are public, right?

I do not pay any alimony or CS per our decree

Colorado? Which state are you in?

My main concern is wether I will see any money. I am borrowing from family to make this settlement and have re-calculated my budget so I can pay them back (somewhere in 2020... ) haha.

If you took a random poll of the members of this forum, the answer would be no. Tooth and nail, a modern woman will fight paying the ex-husband on many levels - like with your kids.

Is it really that easy to file bankruptcy and walk away without any accountability?

In general, taxes, student loans, child support, lalala can't be discharged - but everything else unsecured goes away. In my personal experience, modern women will wear it like a badge of courage because it was all your fault. You know that, right?

[SoccerDadinCo]

Bart-

You don't pull your punches! Let me clarify on a few things, I was a bit to general in my earlier post.

I do know what the mortgage, car payments and monthly food bill were 2 years ago at the time of the divorce. So I can roughly guess-timate that at this time she should have more than a few bucks left over at the end of the month after the bills. What I don't know is what (if anything) is new since then.. a weekend trip to Rodeo drive for clothes shopping or a new account with Tiffany's... maybe a couple of Gigalos?

These new expenses were what I was refering to as coming out in court (or discovery as you put it).

I would also like to clarify that the bankruptcy notice came last Fri. I haven't had much time to investigate it yet- but I am. I was looking for some verteran advice here.

Yes I live in Colorado but had a good lawyer and an EX that just wanted OUT so I managed a pretty good settlement that the EX signed.

And yes I know it is all my fault (and yours, and FOF's, and all the other "Disney" dads .

[BartSimpson]

We're men - getting to the point works for us. But I can be blunt.

Whoa! Colorado is the worst state for Alimony - congrats on your decree. In Colorado, she can revisit alimony at anytime in the future, and change the decree terms with a simple court action. This according to our resident expert coscrewed, perhaps he will come along and clarify.

If you are not paying child support, how are your children supported? This is another issue that can be revisited regardless of any prior agreement between parents.

Back to your lawsuit - a judgement will collect her earnings if she wins the lottery, but 80K a year is not going to leave any room for significant payments when the basics for the children are made. Knowing how she is spending her money will give you an idea of how much debt service she can afford. If she is living paycheck to paycheck, but driving a nice ride and watching Oprah on her 72" plasma makes a difference.

[SoccerDadinCo]

I can handle blunt-in fact I prefer it. In cast it wasn't obvious I appreciate your comments.

I have joint legal/custody of D7. The decree specifies we split any expenses for her (medical, school, any extra-cirricular).

I look forward to any further input from coscrewed (or the rest of the gang) and will keep everyone posted of further developments.