Bankruptsy Court going after monies in divorce decree

This is a discussion on Bankruptsy Court going after monies in divorce decree within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Ex filed bankruptcy 2009 and the trustee is going after monies that was outlined in our divorce decree from 2004. ...

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Old Aug 6th, 2009, 10:28 AM   #1
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Confused Bankruptsy Court going after monies in divorce decree

Ex filed bankruptcy 2009 and the trustee is going after monies that was outlined in our divorce decree from 2004.

Decree said I owed ex husband half of my retirement $4495 and interest of 8%. Ex has never asked for this money to be paid because he knows I do not have it and I raise our 2 kids. But the trustee is going after me for it, hard. I cannot pay, I cannot hire attorney. I do not have enough money to live on and now they want to garnish my wages?

Am I eligible for Legal Aid on this?
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Old Aug 6th, 2009, 11:29 AM   #2
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Default Re: Bankruptsy Court going after monies in divorce decree

Contact your retirement account administrator. There are certain papers that can be filed with them to get him paid off from your account without directly coming from your current funds. I would look into this quick because there is no way you are making 8% on your retirement now & therefore by paying him 8% interest you are losing money in that account daily as the interest accrues. Also, because it is a divorce decree you would not be penalized with taxes for the withdrawal either. It will also get his attorney off of your back!
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Old Aug 6th, 2009, 12:33 PM   #3
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Default Re: Bankruptsy Court going after monies in divorce decree

I had to withdraw the retirement years ago for legal and travel fees due to ex trying to take custody of the children because I moved to California. I won hands down. I have no assets except small retirement from current employer. No savings, no property, no equity in vehicle. They can go after wages but don't they have to leave enough to support my kids and pay living costs?
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