Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Can a Florida family law judgment make a payment owed from one party to the other non-dischargeable in bankruptcy? For example, if a court orders that one party pay the other party’s attorney’s fees, can the court order that this payment be non-dischargeable? This was an issue in the case Polo v. Martinez, 3D23-249 (Fla. 3d DCA August 30, 2023).

The parties were involved in post-judgment litigation which resulted in a hearing before the general magistrate. The general magistrate ordered that the father pay the mother’s attorney’s fees and included a provision that the fees “shall not be dischargeable in bankruptcy proceedings.” The father appealed.

The appellate court reversed this part of the order, holding “We are constrained to remand, however, because the magistrate determined the fee award was not dischargeable in bankruptcy. This finding was premature.” The court cited Meeks v. Meeks, 964 So. 2d 185 (Fla. 2d DCA 2007): “The problem with the trial court’s judgment is that it reached an issue of federal law that is not yet ripe for consideration. A state trial court is free to place language in a judgment to memorialize factual determinations or legal rulings on questions of state law that may later assist a bankruptcy court in deciding, as a matter of federal law, the dischargeability of obligations created by the judgment. However, the law does not allow a state court to decide the federal issue of discharge prior to the filing of any bankruptcy proceeding.”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.