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Child support liens/warrants

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rblprd4me

Junior Member
What is the name of your state (only U.S. law)? Wisconsin.... ok i filed a chapter 7 and yes I know it does nothing with child support back debts HOWEVER... it did remove my liens and hold on my lisence and everything else child support had against me. I called them and they told me even though child support is uneffected by the chapter 7, they are not allowed by law to use any collection or forced actions to collect while in bankruptcy...so here is my question.... does it dismiss a civil warrant as well as the liens. I am selling my house to pay the back support but i want to know IF i can get the warrant dismissed the same as the liens or does a civil warrant trump the chapter 7 OR more importantly if I go into court to get the warrant removed can the arrest me again even though im in bankruptcy protection?
 


CSO286

Senior Member
What is the name of your state (only U.S. law)? Wisconsin.... ok i filed a chapter 7 and yes I know it does nothing with child support back debts HOWEVER... it did remove my liens and hold on my lisence and everything else child support had against me. I called them and they told me even though child support is uneffected by the chapter 7, they are not allowed by law to use any collection or forced actions to collect while in bankruptcy...so here is my question.... does it dismiss a civil warrant as well as the liens. I am selling my house to pay the back support but i want to know IF i can get the warrant dismissed the same as the liens or does a civil warrant trump the chapter 7 OR more importantly if I go into court to get the warrant removed can the arrest me again even though im in bankruptcy protection?
No, an active bankruptcy is not going to stop the civil contempt. You do realize that after the civil contempt, the next stages are criminal failure to support?

Are you making regular contact with the child support agency? Have you been making even partial payments?

The biggest problem when one is talking about the hardships of paying child support is that the payor will think I can't afford to pay my support, and then he or she won't pay anything at all and won't call the caseworker. Instead, what they really should do is call the case worker, and tell them that there's a hardship, request (or file on your own) a modification (whether or not it gets granted) and continue to send in SOMETHING. A partial payment at least demonstrates a commitment to continuing to provide for your kids, while no payment more or less says I don't care.
 

rblprd4me

Junior Member
answers

yes i already was charged criminally, i am on probation for it. I also did ask for a modification, simply put they said no. I pay over 500 a month for over 15 years, then problem is I took care of my parents when they got sick, mom passed away and I paid for the funeral, dad still lives with me, I still take care of him along with my three other kids I have full custody of, 1 of which has severe autism and needs full time care. I work PT ( FT when i can) and take care of the kids and dad FT. My salary for the last 10 years has been around 20k a year, a lil more a lil less, and i pay 525 a month in child support. I do pay it when i can, every other month really, but its all i can do. I made the initial agreement 15 years ago when i had my own house and a ggod paying job, before the sick family and kids issues came up. I appreciate the info on the civil warrant, at least i know not to go there lol.
 

CSO286

Senior Member
yes i already was charged criminally, i am on probation for it. I also did ask for a modification, simply put they said no. I pay over 500 a month for over 15 years, then problem is I took care of my parents when they got sick, mom passed away and I paid for the funeral, dad still lives with me, I still take care of him along with my three other kids I have full custody of, 1 of which has severe autism and needs full time care. I work PT ( FT when i can) and take care of the kids and dad FT. My salary for the last 10 years has been around 20k a year, a lil more a lil less, and i pay 525 a month in child support. I do pay it when i can, every other month really, but its all i can do. I made the initial agreement 15 years ago when i had my own house and a ggod paying job, before the sick family and kids issues came up. I appreciate the info on the civil warrant, at least i know not to go there lol.
And did you file on your own? Even though CSED says they will not do a modification, it doens't take away your right to do it on your own. Often it means that CSED doesn't have enough information in thier system that a change to tobligation is warratned. This is where you then say and provide your proof that a modification is necessary.
 

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