What is the name of your state? FL
Is this a priority claim or not? My ex and I have two children adopted in Oregon. Oregon pays a monthly adoption support stipend of $800. My ex got the checks and kept all the money for two years, even though we shared custody 50-50. I made this part of my claim in his BK, even though I didn't have an order yet. His lawyer objected to my claim because the support came from a third party, and wasn't ordered against the debtor. The BK judge dismissed my claim w/o prejudice and told me to refile it with supporting documentation.
So last week we got an arbitration ruling that says he has to pay me the $8600 he withheld, and the arbitrator was getting ready to send it to the judge when the BK lawyer called and said he can't because it's stayed by the bankruptcy. I say the hell it is. It's a custody/support suit, and now I have a judgment that supports my BK claim, and I don't think it matters where the support originally came from. It was intended for the kids, and he kept it and spent it, and now he's supposed to repay it. Seems like a no-brainer to me. Any opinions?
Is this a priority claim or not? My ex and I have two children adopted in Oregon. Oregon pays a monthly adoption support stipend of $800. My ex got the checks and kept all the money for two years, even though we shared custody 50-50. I made this part of my claim in his BK, even though I didn't have an order yet. His lawyer objected to my claim because the support came from a third party, and wasn't ordered against the debtor. The BK judge dismissed my claim w/o prejudice and told me to refile it with supporting documentation.
So last week we got an arbitration ruling that says he has to pay me the $8600 he withheld, and the arbitrator was getting ready to send it to the judge when the BK lawyer called and said he can't because it's stayed by the bankruptcy. I say the hell it is. It's a custody/support suit, and now I have a judgment that supports my BK claim, and I don't think it matters where the support originally came from. It was intended for the kids, and he kept it and spent it, and now he's supposed to repay it. Seems like a no-brainer to me. Any opinions?