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  #1  
Old 01-15-2002, 10:53 PM
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Join Date: Jan 2002
Posts: 133
Angry

Child Support and Bankruptcy hhheelllp


Hello, can someone please help me.
My Exhusband said he is about to file bankruptcy(on what who knows), anyway, he said that all back child support will be wiped clean and his taxes can't get garnished. Is this true, and do the wage garnishments stop for a certain amount of time or do those go uninterrupted?
Thanks for anyones help and have a blessed day.
  #2  
Old 01-15-2002, 11:42 PM
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Join Date: Dec 2001
Location: California
Posts: 28
I am going thru BK myself, and on the receiving end for CS--in theory but not in practice. Anyhow, through the course of my filing, one thing I learned is that CS is one of the debts that cannot be wiped out. In other words, when my ex files his, as he almost inevitably must once mine is done (he was depending on me to pay off his debts too), he will still be left owing the CS. The courts take that obligation very seriously.

Not sure if he can be garnished for it during the BK, though.
  #3  
Old 01-16-2002, 12:22 PM
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Join Date: Jan 2001
Posts: 12,062
Your ex is dead wrong. Child support is not dismissable, in fact, it will accrue during the period he is exempt from paying between filing for bankruptcy and the trustee hearing. And the bankruptcy does not stop garnishments of tax returns. He is going to learn a lesson the hard way. Good luck to you.
  #4  
Old 01-16-2002, 01:49 PM
JenniferH
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I assume that the child support and back support was NOT turned into a judgment outside of the family court. If it was, then he would be able to claim the "judgment" in banko. If it was left as back child support and child support, then it is not allowed in bankruptcy as stated in the previous posts.

That smart a$$ of an ex is going to get a reality check, sounds like he doesn't have a lawyer, because lawyer would have set him straight!
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