QUESTION
My boyfriend is responsible for our daughter's daycare expenses but since he filed for bankruptcy can they legally sue me?
Asked on Oct 12th, 2012 on Bankruptcy - Florida
More details to this question:
My boyfriend owes our daughter's daycare, which was his responsibility, $3,000 dollars in unpaid fees. He recently filed for bankruptcy and since he has done this, they are trying to sue me for this. Can they do this legally without my being on the contract?
8 ANSWERS
Bankruptcy Attorney serving Hartland, MI
at
Law Office of Doug Dern & Associates
Update Your Profile
No.
Answered on May 21st, 2013 at 2:50 AM
This is an interesting, but non-bankruptcy question. If you were married, the answer would be an easy one. It would be yes, because Wisconsin is a community property state. Since you are not married and you say you are not on the contract, I have to wonder on what grounds they think they can hold you responsible? Contact a lawyer, you will want to defend yourself on this one. Or just file bankruptcy too and tell em to take a hike.
Answered on Oct 16th, 2012 at 8:25 PM
Dennis P. Mikko
They may be able to bring the suit but you might have defenses. You should contact an attorney. Further, if the responsibility for daycare is set forth in a court order, it may not be dischargeable in bankruptcy or you may have a right to recover anything you have to pay from your boyfriend. Again, you need to consult with an attorney.
Answered on Oct 16th, 2012 at 7:59 PM
Generally one is liable only for debts to which he or she signs. This is an unsecured debt that you generally would not be liable for provided you did not sign for the debt. However, Michigan may have a parental statute making you liable. Check with a family law attorney.
Answered on Oct 15th, 2012 at 3:11 PM
Bankruptcy Attorney serving Myrtle Beach, SC
at
Law Office of Margaret L. Evans, PC
Update Your Profile
Yes, if you are the minor child's biological parent or legal guardian.
Answered on Oct 15th, 2012 at 3:10 PM
Family Attorney serving Henderson, NV
at
Harris, Yug & Ohlinger
Update Your Profile
In Nevada, assuming it is his name on the contract (not yours), since you were never married, the answer is no. But they do not have to provide services either if they aren't paid. On the other hand, if you signed the contract also, then yes.
Answered on Oct 15th, 2012 at 3:10 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
If the daycare is part of an alimony or child support then he is still responsible as that can not be discharged.
Answered on Oct 15th, 2012 at 3:10 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
If you are not on the contract, you have a defense. But one would need to see all of the relevant documents in order to advise correctly.
Answered on Oct 15th, 2012 at 3:09 PM