My ex-wife has filed for bankruptcy in an attempt to avoid paying my divorce attorney fees that were awarded to me based on the court finding her in contempt.
Can she avoid paying my attorney fees because she filed for bankruptcy? Or is that money considered to be support since it was a necessity for the well-being of our child?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
If contempt is found, sanctions can be imposed. Sanctions can range from monetary fines to incarceration dependent upon the level of contemptuous behavior.
Generally, once an instance of contempt has been found, you cannot re-litigate that matter, as that is barred by the legal concepts of res judicata or collateral estoppel. Essentially, you cannot try to get a different result by trying the same case over again as long as all of the facts remain the same.
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However, you may want to consider notifying the judge that your ex-wife has purposely avoided her financial obligation under the contempt proceedings by filing bankruptcy.
However, any sanctions awarded for contempt, do not have any bearing on support.
Child support is solely for the child’s basic living needs and necessities. Therefore, if any monetary issues arise with regard to contempt when the issue is not directly related to child support, then it will not have any impact on support or credits thereto.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.