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child support, arrears and bankruptcy

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chadwick4292

Junior Member
What is the name of your state?tennessee

My husbands ex waited 6 years after their divorce to file joint custody with her being the primary home. Up untill that point it was joint custody and no child support. Now then my husbands mother passed away. She lives in Kentucky. Between getting things ready for the funeral and settling her estate he missed quite a bit of work which meant he didn't have much money and didn't pay that months child support. The next month he paid for that month and only a partial payment for the month before. She said she understood and not worry about it. But she then went to children services and had them to take over. In the interim we had to file bankruptcy. children services tried to garnish his check but bankruptcy wouldn't let them.
Bankruptcy also said they could not go after his income tax return. Since she can't get the income tax refund or get it out of his check could she put a lien on the house and car? Or what about his vehicle that he drives to work and back and duck hunting. Can she go after that? We also have another car that is paid for but is only used for emergency. Could she go after that? Just looking for a little bit of info.
thanks
 


chadwick4292 said:
What is the name of your state?tennessee

My husbands ex waited 6 years after their divorce to file joint custody with her being the primary home. Up untill that point it was joint custody and no child support. Now then my husbands mother passed away. She lives in Kentucky. Between getting things ready for the funeral and settling her estate he missed quite a bit of work which meant he didn't have much money and didn't pay that months child support. The next month he paid for that month and only a partial payment for the month before. She said she understood and not worry about it. But she then went to children services and had them to take over. In the interim we had to file bankruptcy. children services tried to garnish his check but bankruptcy wouldn't let them.
Bankruptcy also said they could not go after his income tax return. Since she can't get the income tax refund or get it out of his check could she put a lien on the house and car? Or what about his vehicle that he drives to work and back and duck hunting. Can she go after that? We also have another car that is paid for but is only used for emergency. Could she go after that? Just looking for a little bit of info.
thanks
You may want to contact a local attorney- Bankruptcy may hold the ex at bay until it is finalized but in my state (illinois) you can not get out of back child support through bankruptcy although it can postpone it for a little while. I would check in Illinois overdue childsupport accrues interest at a rate of 9% a year (ouch)
 

chadwick4292

Junior Member
oh I realize that. My husband pays his child support and believes that is the right thing to do. They are after all his kids too. We didn't file bankruptcy to get out of paying. We are just wondering okay arrears can't be paid through bankruptcy, or garnishment of check of income tax refund what are the options that she may try to get the money due the kids. That is what I am asking.
 
chadwick4292 said:
oh I realize that. My husband pays his child support and believes that is the right thing to do. They are after all his kids too. We didn't file bankruptcy to get out of paying. We are just wondering okay arrears can't be paid through bankruptcy, or garnishment of check of income tax refund what are the options that she may try to get the money due the kids. That is what I am asking.
In (Illinois) you can place leins on cars and homes (assets) but normally that is only done if you are severly delinquent (5,000+) because it is time consuming to file and costly so for a couple of hundred dollars it may not be worth her time. I also know in Illinois it can be placed on your credit report as past due and I have heard that being behind on child support is often worse than bankruptcy from a credit point of view. Because the person owed can attach the lein to any property in the non-payers name. Hope this helps
 

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