The first thing every lawyer learns is that clients don't always tell the truth. So, I don't believe that you've been paying child support in cash and it has left no evidence whatsoever. Also, child support is included in Chapter 13, so your ex should have been listed as a creditor in your bankruptcy. If your ex was listed as a creditor in your bankruptcy and failed to file a proof of claim for back child support, she can't claim it now in a state court action. The issue of whether she was owed back child support on the date you filed bankruptcy has already been decided by the bankruptcy court and she can't get a second hearing in different court. Besides, she is prevented from suing you in a state court by the automatic stay of bankruptcy. If (and I don't believe it for a second), you actually did pay her in cash, there will be evidence. First, she will have either deposited it in her bank or she will have paid expenses with it. If she paid expenses, it will be obvious from examining her bank account, payment cards and credit cards. For example, if she has been buying groceries with the funds, she won't have any payments to supermarkets.
Answered on Oct 31st, 2016 at 6:54 PM