help in chapter 13

[browncow59]

What is the name of your state? CO

My boyfriend filed chapter 13. When his ex wife found out she served him with papers to take him back to famly court for not making payments on time for marital debts, and she is asking the court to increase the amount he pays towards the childrens medical deductables.

1. Marital debts are being discharged in chapter 13, so can she even proceed with this?
2. I though that his income is now the "property of bankruptcy estate" and so for the next
3 years he cannot incur more debt. Well, potentially if he is forced to pay more on the
kids medical expenses, he may not have money left over to pay his bankruptcy plan?

Will the bankruptcy court intervene and not allow family court to increase his obligations?

Thanks for your help?

 

[bigun]

If he filed after 10/17/05, he may well be in for a rough ride. BK reform made marital debts steming from divorce decrees a priority payment.
He needs to see his lawyer about either modifying his plan or, converting to a Chapter 7.

 

[browncow59]

response

It's not a domestic support obligation. It was listed under property settlement. It is dischargable in chapter 13. It is not dischargable in chapter 7. In fact, it is clearly stated in the sep agreement that there is no spousal support obligations.