Bankruptcy and Child Support

[Preciousluve886]

What is the name of your state? Florida
Well my EX finally filed chapter 13 in the great state of Alabama.
He thinks because he is filing this he will not be responsible for any of the owed medical bills.
He is way behind on his child support and the letter I received only spoke about the back due child support.
Questions:
1. Should I send all copies of medical bills to his trustee?
Every medical bill has been sent to my court house over the last 7 years so there would be a public record of it and I also have a copy here at my home.
2. Should we attend this hearing they will be having soon up in ALabama to make sure we get what we deserve.
3. He was suppose to keep medical coverage on my son but never did, I have had in force for the last 7 yrs, medical and dental on my son. All co pay and scripts were als paid by me and including his orthodontics.
All bills have been paid by me and nothing is outstanding.
Thank you in advance!!

 

[SkankCheese]

Is would still be responsible for child support, but why do you think he would still owe medical bills?
People file BK over medical bills all the time, and they're dismissed (included in the plan, et)

 

[Preciousluve886]

He owes his childs medical bills because he was responsible for them. It was stated in our divorce decree. He has never kept medical insurance on my son, I did and he signed a letter that is filed with the court house stating that he would pay all out of pocket expenses and scripts.
I have paid them all over the last 8 years because he was and still is a deadbeat. Each and every medical bill and payment has been filed with my court house and I am going to send a copy of all of them certified reigstered letter to his trustee.
I have already called my son's doctor, pharmacy and orthodontic dentist for a list of all expenses for the last 8 yrs because a few pages will be easier to get through then 8 yrears of paper for my son.
Now understand he lives in Alabama and I live in Florida. Our divorce was here in Florida.
I think it would be quite unfair to have me pay for the last 8 years all by myself. I paid for his insurance and his medical bills and scripts. All the bills have ben paid nothing is outstanding.
When we split up he didnt have this finanical nightmare hanging over his head, I do not know what he has been up to for the last 5 years.
But I do know that I am not going to lose all the money that I have put out for the last 8 years when the court stated it was his responsibility and he left the state because he didnt want to pay child support. And that bill is quite high these days also.
Thank you

 

[SkankCheese]

He owes his childs medical bills because he was responsible for them. It was stated in our divorce decree. He has never kept medical insurance on my son, I did and he signed a letter that is filed with the court house stating that he would pay all out of pocket expenses and scripts.
I have paid them all over the last 8 years because he was and still is a deadbeat. Each and every medical bill and payment has been filed with my court house and I am going to send a copy of all of them certified reigstered letter to his trustee.
I have already called my son's doctor, pharmacy and orthodontic dentist for a list of all expenses for the last 8 yrs because a few pages will be easier to get through then 8 yrears of paper for my son.
Now understand he lives in Alabama and I live in Florida. Our divorce was here in Florida.
I think it would be quite unfair to have me pay for the last 8 years all by myself. I paid for his insurance and his medical bills and scripts. All the bills have ben paid nothing is outstanding.
When we split up he didnt have this finanical nightmare hanging over his head, I do not know what he has been up to for the last 5 years.
But I do know that I am not going to lose all the money that I have put out for the last 8 years when the court stated it was his responsibility and he left the state because he didnt want to pay child support. And that bill is quite high these days also.
Thank you

I'm no expert, and someone should be along shortly to correct me if I'm wrong. But I believe a BK (fed courts) trumps a divorce decree (state court). Meaning he can get all the (medical) debts dismissed, and leave them with you (if you're also on the hook for them)
Of course this doesn't count for the actual child support payments, if he's behind on those. He'll never be off the hook for that.

 

[Preciousluve886]

Bankruptcy & Child Support

I'm no expert, and someone should be along shortly to correct me if I'm wrong. But I believe a BK (fed courts) trumps a divorce decree (state court). Meaning he can get all the (medical) debts dismissed, and leave them with you (if you're also on the hook for them)
Of course this doesn't count for the actual child support payments, if he's behind on those. He'll never be off the hook for that.

Well I spoke to the trustee and he stated to me that he is on the hook for the medical bills, because they are in our divorce decree. He is responsible for them. I have to fill out a form and submit it to the court and then we will have toattend the hearing.
Remember I have paid all my sons medical bills for the lst 8 years nothing is outstanding. I did that so it would not go on my credit, knowing full well that one day I would catch up with him and have him pay for them. And that day is going to arrive in late Augst from what I am told.
Its about time that the custodial parents won one.
Thank you for your response I appreciate it alot.

And if there are any other people that would like to respond I would love to hear form them also. I think a varied group of people help alot!

And this site is always awesome!