What is the name of your state (only U.S. law)? Case is in Georgia
My son's father was going thru chapter 13 bankruptcy and converted to chapter 7 in December. He listed that he owes $10,000 in arrears and is claiming he pays $480 a month as an expense. He has not made child support payments since March 2010 and his current arrears is over $32,000. I want to object to what he is claiming but I don't know if I should just write a letter to the trustee or have to file a motion with the court. I am unsure of whether or not I will be able to attend the meeting of the creditors since I live in Mi.
The only thing you might do with regard to the father’s bankruptcy case is to file a Creditor’s Claim attaching a copy of the support order and stating the amount of the arrearages. Even that is not necessary inasmuch as the obligation is not dischargeable, but it will serve to alert the bankruptcy court and the Trustee of the status of that order.
Also, for reasons Zigner has noted his bankruptcy is more of a blessing to you than a threat.
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HOWEVER, more importantly here and obviously so is getting the deadbeat to honor his child support obligation. But I do not agree that searching out a private collection agency is the right choice.
What you need to do is to commence a process under Michigan’s
UNIFORM INTERSTATE FAMILY SUPPORT ACT (UIFSA).
The UIFSA has been adopted by all 50 states and is expressly designed for your needs, which is to enforce a support order from one state through the courts of a sister state where the person responsible is domiciled
To learn how, get in touch with the
FRIEND OF THE COURT in your particular county or jurisdiction and ask that a UIFSA request be sent to the father’s state. If can’t find the contact info for the local Friend of the Court in your area, then call the county clerk’s office.
But get off you complacent fanny and get things rolling! Meaning start knocking on doors because no one is going to come knocking on yours.
And remember the truism: “
The squeakiest wheel gets the grease”!
Michigan probably has a zillion cases like yours, so don't let yours rest on the bottom of the stack!
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For more information about the UIFSA, call the Michigan State Disbursement Unit’s hot line 1-877-543-2660.