Just like the rest of the individuals in the U.S., those considering bankruptcy are often juggling many life situations. From divorce to custody battles, many of these situations involve legal procedures and can be difficult to reconcile in the face of filing for bankruptcy. If you’re considering filing for bankruptcy in Mankato, MN, Behm Law Group, Ltd. offers legal counsel to help you balance your life outside of the bankruptcy process.
One common situation many of our clients find themselves working through before or during their bankruptcy petition is divorce. If you’re working through a divorce or are recently divorced, there are a number of ways it may affect your bankruptcy case.
If a state court has appointed a Guardian Ad Litem (GAL) during your divorce, you may have to pay for that obligation throughout your bankruptcy case. There are some circumstances, however, where GAL fees can be discharged which means that you would not have to continue paying them.
What is a GAL?
In cases of divorce when a legal dispute over the custody of children arises between spouses, the court will appoint a GAL to look out for the best interests of the children. The GAL investigates the parents and the relationships the children have with each of the parents. The GAL uses this investigation to recommend to the court which parent should have primary custody. The parents are responsible for paying the fees for the GAL.
Discharge of GAL Fees
In many cases, GAL fees are considered domestic support obligations, and, like alimony and child support, they sometimes cannot be discharged during Chapter 7 or Chapter 13 bankruptcy cases. Nevertheless, like all other domestic support obligations in bankruptcy, there are some times where GAL fees can be fully or partially discharged. If you and your ex-spouse are jointly liable, you may be able to discharge a portion or all of the fees owed if the right to collect the fees has been assigned or sold to a third-party collection agency or debt purchaser.
While your chances for GAL fee discharge may be limited, our bankruptcy attorneys will work with you to obtain the broadest debt relief possible. For more information about the assistance we provide regarding the filing of bankruptcy in Mankato, MN, contact Behm Law Group, Ltd. at (507) 3087-7200 today.