Legal Question in Family Law in Florida

My ex husband and I have been involved in a child support battle for a long time. Over the last couple of years, there have been 2 separate orders awarding me attorney fees due to my ex's frivolous filings. One of the orders states that he pay the law firm directly, the other order states that he pay me directly. In April, my ex-husband declared personal bankruptcy. He listed the law firm as a creditor but not me. I attended the bankruptcy hearing anyway (and my former attorney was there representing the law firm). The gentleman who ran the bankruptcy meeting told us that debts associated with court ordered fees for family law situations are not dischargeable. My ex husband was granted a discharge for "all" debts. He is under the impression that he no longer is responsible for those attorney fees...the ones he is to pay directly to the law firm AND the ones he is to pay directly to me. Can this be?


Asked on 9/20/09, 4:56 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Yes, it can be. You should speak with a bankruptcy lawyer because it depends on how the order giving you fees was written. Some types of things in divorces (like alimony, child support, and property division) can't be erased by bankruptcy, but attorneys' fees awarded to you may be dischargeable (eraseable).

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Answered on 9/22/09, 5:32 pm


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