Bankruptcy and Child Support

[Preciousluve886]

What is the name of your state? FL
My Ex lives in AL and has filed bankruptcy, I am a creditor in this bankruptcy becuase he owes me money not just for child support but for debts I incurred for medical and dnetal bills for my son, which I have paid them all for the last 8 years and kept medical and dental insurance on him for those 8 years. It was in our divorce that he was suppose to provide this but didnt. I filed a claim with the court like they told me to do. I sent the summaries of all bills for my son and now it has been filed with the courts.
We have to appear at his confirmation hearing in September and speak to the judge about his failure to pay child support. He states in his plan that he wants to pay me directly, but as of this date he is behind in child support 12 thousand plus. Basically he wants to try to take it out of the hands of the dept of revenue and be responsible to pay me monthly by check.
Now to get the dept of revenue to do there part has been a big big hassle with endless phone calls by me and endless visits to there office to get them to send the proper paperwork.
It is all there now though.
Now I know where he works(finally)
And would it be in my best interest to send them the Income deduction order that I have had for the past 8 years?
Apparentlly he wasnt forthcomig in his debts the 1st time but when he found out I had filed a claim he amended his plan 2 days after I filed including me a direct pay.
I do not want him to pay me direclty I still want for him to go through the dept of revenue.
That way there is a clear and concise record of all payments made for child support.
I do appreicate any and all advice given for this problem that I have been thrown into.
Thank you and have a great day!

[JETX]

Did you have a LEGAL question in there somewhere???

[Preciousluve886]

Now I know where he works(finally)
And would it be in my best interest to send them (employer) the Income deduction order that I have had for the past 8 years?
I just need to know if I send this income deduction order that he has NEVER given to his employer would it hurt the case?
Would they have to abid by the order and have it supercede his bankruptcy?
I have read in the bankruptcy laws that child support isnt effected, but he hasnt paid it in a long time, even before he filed for bankruptcy he didnt pay. But I could not find out where he was working becuase I live in a different state than he does.

[Ladynred]

Hi is in bankruptcy. You, as a creditor can do NOTHING directly to attempt to collect, not even child support. AZatty answered your questions about child support obligations under the new law, you need to follow his advice. If you do not have a bk attorney who can ramrod this for you, then you need to get one. He cannot get out of his obligations and his payments should go thru the required channels.. not directly to you.

[Preciousluve886]

Thank you for your reply LAdyNRed JetX, Always appreicated.
I am a bit confused, when you say Azatty answered my post on this, was it another post i had posted?
But I will say that I think it sitnks that he hasnt paid his child support in a long long time, because his failure to notify the proper people or his whereabouts and his employer, and he has been steadily employed this entire time.
So now I still have tiowait for him to pay his weekly amounts to the courts (which he is already behind on) and then maybe just maybe we will get whats due us.
Amazing to me that the NCP can just get away with this and think thats its okay, is totally amazing.
I think that the Child support system needs a major overhaul, That the dept of revenue should tell the child support people where the tax money is coming from, they all seem to think that its a big secret. They need to open up the lines of communication the CP and help them more. It seems that it is always up the CP to find the NCP and get addresses and employers. Dept of revenue knows this information. They wont share it.
Well I have ranted long eough.
Thank you so much and please direct me in the direction of the post where AZatty posted for me.

Have a wonderful day

[seniorjudge]

Originally Posted by Preciousluve886

Thank you for your reply LAdyNRed JetX, Always appreicated.
I am a bit confused, when you say Azatty answered my post on this, was it another post i had posted?
But I will say that I think it sitnks that he hasnt paid his child support in a long long time, because his failure to notify the proper people or his whereabouts and his employer, and he has been steadily employed this entire time.
So now I still have tiowait for him to pay his weekly amounts to the courts (which he is already behind on) and then maybe just maybe we will get whats due us.
Amazing to me that the NCP can just get away with this and think thats its okay, is totally amazing.
I think that the Child support system needs a major overhaul, That the dept of revenue should tell the child support people where the tax money is coming from, they all seem to think that its a big secret. They need to open up the lines of communication the CP and help them more. It seems that it is always up the CP to find the NCP and get addresses and employers. Dept of revenue knows this information. They wont share it.
Well I have ranted long eough.
Thank you so much and please direct me in the direction of the post where AZatty posted for me.

Have a wonderful day

Thank you so much and please direct me in the direction of the post where AZatty posted for me.


You have started 18 threads on your marital problems; it is up to you to keep track of your own threads.

This is why double posting is always a bad idea.

[Preciousluve886]

I wouldnt have any marital problems if it wasnt for an EX being irresponsible.
This is an 8 year old probem and wasnt created by me.
If it was up to me I would just abandon the entire process. I wouldnt have to post and ask questions about things that are not my forte.
I do have a wonderful life where I am right now and where i am going, but this nonsense has been thrown into the mix and like any other responsilbe adult I face my problems and fix them. I always have to do whats best for my son and always will.
But I guess you are right, if I have started 18 threads I will check back through them and see where it is.
Thank you, have a great day.

[JETX]

Originally Posted by Preciousluve886

I wouldnt have any marital problems if it wasnt for an EX being irresponsible.
This is an 8 year old probem and wasnt created by me.

So, then how IS your ex responsible for YOU creating "18 threads on your marital problems; it is up to you to keep track of your own threads."??

[Preciousluve886]

Excuse me, I thought this was a free adice forum, Not an "ATTACK" forum.
Goodness for me again.
I have been more than pleasant to those who respond with proper advice and do not judge those posting.
I dont think it is for you to judge me, (That is only up to God) I wasnt asking for that, I was asking for information. In order to get the answer I need I think you need a bit of backgrounnd. Thats what I gave you. Not for you to judge.
I do not let this problem with my EX consume me, but rather, I would like to be prepared when I do have to go to court in a few weeks.
Simple question with a simple answer that was answered by LadyNRed.
Thank you and have a blessed day!!