how far behind can you get??

[LdiJ]

JETX is an attorney so I'm pretty confident you can believe it.

Its not that I don't believe him. However if I can confirm it could make a difference in some things I am working on.

 

[JETX]

Are you sure about that? Where did you get that information? Can you link me there? I am an accountant and I would REALLY like to confirm that one way or another.

Yep. Look at the US Bankruptcy Code:
"Sec. 523. - Exceptions to discharge
(a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt -
<snip>
(5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that -
(A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to section 408(a)(3) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State); or
(B) such debt includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance, or support;"
Source: http://www4.law.cornell.edu/uscode/11/523.html

 

[LdiJ]

Yep. Look at the US Bankruptcy Code:
"Sec. 523. - Exceptions to discharge
(a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt -
<snip>
(5) to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that -
(A) such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to section 408(a)(3) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State); or
(B) such debt includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance, or support;"
Source: http://www4.law.cornell.edu/uscode/11/523.html

Thank you very much for the information!

 

[arieus]

thank you guys for all of the useful info. i looked into the private collection agency years back and saw that they charge 33% plus a setup fee, AND you have to sign a contract that allows them to pursue the case for 15 months before they turn it back over to the state (that is no payments for 15 months) and decided to pass.
i have been calling every two weeks and cse has told me that the case was sent to the courts and it is now in the queue waiting for an availabe date. they said they expected it to be sometime in november, so i am keeping my fingers crossed. hopefully they will toss him in the clink and require a purge bond (his mommy will pay it, no doubt) .
my case is in mecklenberg county if anyone has any experiance with the courts there and what happens at a show cause hearing, i would love to hear it.

 

[Grace_Adler]

Well, if you have the time, you can always go to the courthouse one morning, ask which room is for IV-D court (child support hearings) and sit in there and watch. LOL

 

[arieus]

jeez, i WISH i had that kind of time! i guess i will just wait it out and see what happens...i will let you guys know, hopefully it will help someone else out.