After many years (yes, years) of negotiation during which time the custodial parent (in spite of her earning $145K) refused to pay toward college, and with a plenary pending, she relented and agreed to pay her share and to repay noncustodial parent for student loans he had to incur for child to attend (and to repay the 7.2% interest he had to borrow them at since he earns $39K)). Total we agreed for her to pay/repay came to $55,000. We executed a consent order and judge agreed for it to be paid through probation, via garnishment (since she wasn't complying otherwise and it was support-related).
Wife has now filed CH13 bankruptcy and is listing husband as a creditor. She claims a far lower amount than this ($27K) is at issue (I don't understand at all why she would do that).
Primary worry is that PA emancipates at 18 and there's no college contribution. Should I be worried that she could argue it's not a non-dischargeable Domestic Support Obligation since PA wouldn't require it (and thus discharge it), or will the Federal BK court (in PA) follow NJ law on this?
Anyone every had this come up? I remember an ICLE seminar on the intersection of BK & Family Law...maybe someone attended?
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David Perry Davis, Esq.
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www.FamilyLawNJ.pro
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112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax: 609-737-3222
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