Bankruptcy and Child Support

[Preciousluve886]

What is the name of your state? Florida
Well the EX filed for Chapter 13 in the great state of Alabama.
He thinks by doing this he can get rid of all the medical expenses he owes for my son.
Is this true?
I have filed a copy of each and every one of my sons medical bills with our court house for the last 7 yrs. That way he couldnt say he did not receive a copy of it. Plus it is public record.
I have read the letter form the bankruptcy trustee and it states that when they go to court in Alabama to discuss his re payment program that we can be there and try to get the judge to see all the medical bills that we have paid for the last 7 yrs and we have had in force medical and dental coverage for my son.
He is well behind in his child support, (over 23 grand) which doesnt include the interest or penalities.
What I am asking here is, Is there anything else that I can do to make sure that he doesnt get out of paying all those medical bills?
I know that they will make him start paying the child support again because he hasnt in over 6 months.

What are my options and what should I be doing to make sure my son gets all that he is entitled to?

Thank you for your time and I appreicate all responses!!

 

[Gracie3787]

What is the name of your state? Florida
Well the EX filed for Chapter 13 in the great state of Alabama.
He thinks by doing this he can get rid of all the medical expenses he owes for my son.
Is this true?
I have filed a copy of each and every one of my sons medical bills with our court house for the last 7 yrs. That way he couldnt say he did not receive a copy of it. Plus it is public record.
I have read the letter form the bankruptcy trustee and it states that when they go to court in Alabama to discuss his re payment program that we can be there and try to get the judge to see all the medical bills that we have paid for the last 7 yrs and we have had in force medical and dental coverage for my son.
He is well behind in his child support, (over 23 grand) which doesnt include the interest or penalities.
What I am asking here is, Is there anything else that I can do to make sure that he doesnt get out of paying all those medical bills?
I know that they will make him start paying the child support again because he hasnt in over 6 months.

What are my options and what should I be doing to make sure my son gets all that he is entitled to?

Thank you for your time and I appreicate all responses!!

If reimbursement of medical expenses was court ordered I'm pretty sure that he cannot have those dismissed, however they may end up being included in his payment plan. That is a good thing for you because you'll be able to get payment. Maybe someone with more knowledge of Ch. 13 laws will have more info for you.

 

[ceara19]

What is the name of your state? Florida
Well the EX filed for Chapter 13 in the great state of Alabama.
He thinks by doing this he can get rid of all the medical expenses he owes for my son.
Is this true?
I have filed a copy of each and every one of my sons medical bills with our court house for the last 7 yrs. That way he couldnt say he did not receive a copy of it. Plus it is public record.
I have read the letter form the bankruptcy trustee and it states that when they go to court in Alabama to discuss his re payment program that we can be there and try to get the judge to see all the medical bills that we have paid for the last 7 yrs and we have had in force medical and dental coverage for my son.
He is well behind in his child support, (over 23 grand) which doesnt include the interest or penalities.
What I am asking here is, Is there anything else that I can do to make sure that he doesnt get out of paying all those medical bills?
I know that they will make him start paying the child support again because he hasnt in over 6 months.

What are my options and what should I be doing to make sure my son gets all that he is entitled to?

Thank you for your time and I appreicate all responses!!

Does he owe YOU the money for the bills or does he owe the Doctor?

 

[Preciousluve886]

He owes me the money as I have kept in force medical and dental coverage when he was ordered to do so by the court and has never kept medical coverage on my son.
He always said that he couldnt afford it but with him being in another state and not paying child support I was pretty helpless to get him to court. He has warrants for failure topay so he wont step foot over state lines. I have had medical and dental insurance on him for the last 8 years.
I paid all his medical and orthodontic bills.

 

[weenor]

you will need to make sure that you file a claim for both medical and child support with the trustee handling the bk. Please note, public record or not, the trustee is not going to check florida records to determine what ex owes. He will rely on ex and ex's lawyer for that info. The priority for repayment of the medical coverage and/or bills will depend on what the divorce/child support order specifically says.

 

[Preciousluve886]

Bankruptcy & Child Support

Well this is awesome!!
I have filed every bill with our court house here from day 1.
So now all I have to do is make copies of each and every medical bill and send them up certified mail to his trustee!
One more question though.
Should we go to Alabama and attend the hearing?

 

[LdiJ]

Well this is awesome!!
I have filed every bill with our court house here from day 1.
So now all I have to do is make copies of each and every medical bill and send them up certified mail to his trustee!
One more question though.
Should we go to Alabama and attend the hearing?

This site has a bankruptcy forum. I really suggest that you post your question there as there are some very knowledgeable people who post on that forum.

My guess is that it would be wise to attend. However, I believe that they can give you more thorough answers to your questions.