MAIN QUESTION: Does filing for bankruptcy discharge a non-custodial parent from making educational payments that were ordered by a divorce decree in Connecticut?
Scenario: Two divorced parents are paying a yearly parental contribution, in equal parts, for their daughter who is a junior in college. The father earns his income from a small business and is planning to file for bankruptcy. Does this mean he will not be obligated to pay his half of the parental contribution due to lack of funds, even though he is required to do so by law as per divorce decree?
1 Answer from Attorneys
It depends on the language in the separation agreement/decree. If the college expenses are considered "family support", they are not dischargeable.