Relief, Stay, Evil GirlFIEND

What is the name of your state? FL

My ex filed a chapter 13. We were not married but my ex always paid support for our son, even without an order. We just settled on an amount and he just always did the right thing. Then last year he got a new girlfiend and pretty soon the support stopped so after a few months I went to family court for CSE, then the next thing I know he's gone bankrupt. And he did have bad credit and debts,but she told him this is the best way to fix it and told me I have no order for support to enforce so if I don't like it I have to file a relief motion.

So I bought one in a download, but its all filled in for a car debt and maybe that's just 'for example' or whatever, but I don't think it actually applies, plus if I am just trying to get a support order my mom showed me the law that says the stay doesn't apply so I don't need to file a relief, but the girlfiend says I do, and says I can't even talk to him because of the stay or else they can contempt me or something.
Not that I trust her, but my mother isn't a lawyer either, and the clerk at the bankruptcy court said she couldn't tell me anything, but then she told me I should file it, so WHAT is up? This is totally confusing, and obviously there are no cheap flat fees for creditors who need a bankruptcy attorney!

[Ladynred]

The automatic stay is not a restraining order to keep you from talking to the ex. You just can't do anything to attempt to collect money.

The bankruptcy law does say that support issues are exempt from the automatic stay, but it may be more expedient to just file a Relief from Stay anyway rather than wrangle with it.

Do you have a court order for support now ? If so, he's not going to be able to get out from under that obligation anyway. Since he's filed CH 13, you should also file a Proof of Claim and go to the 341 meeting to be sure he doesn't misrepresent the child support as something that IS dischargable.

The form you bought - just fill in what is correct for your particular situation.

Thanks for your reply.

No I don't have a court order yet. And thanks about the communication thing. That justs seemed ridiculous. We are parents, so we should be able to talk. We always did before.

About the relief thing, it's not a fill in form. It looks like a model of a regular legal document like a lawsuit or a court order. It's typed up with wherefors and therefores. Is there a fill in version of this I can purchase somewhere? I did find one but it seems like its only for California.

Thanks for your help!

[Ladynred]

You can get a FREE template here:

[url]http://www.lawyerassistant.com/freeforms/#debtor[/url]

Its a Word document so you should be able to alter it to suit your needs.

That's the same form! That's pretty funny. I feel dumb for paying for it. Anyway, that's the one for a car thing. I'm sorry to be stupid, but I dont' think I can just plug in different words there and have it be valid. Any suggestions appreciated. Thanks!

Originally posted by civilian
That's the same form! That's pretty funny. I feel dumb for paying for it. Anyway, that's the one for a car thing. I'm sorry to be stupid, but I dont' think I can just plug in different words there and have it be valid. Any suggestions appreciated. Thanks!

This should work for you, though I would highly advise contacting a local bankruptcy attorney to ensure this motion conforms to your district's local rules.

We are modifying the document found at:

[url]http://www.lawyerassistant.com/freeforms/creditor_pleadings/motion_for_relief_from_automatic_stay.doc[/url]

Lines 7 and 8: Change the district to match the information received by you from the court.

Lines 11-13: Change the debtor's name, case number, filing status (chapter 7 or 13) and judge name to match the information received by you from the court.

Block of text beginning at line 19:
Now comes __(your name)__ and moves this Court...to enforce the interests of a minor child to receive support.

Line 24: Delete all text beginning with "Respectfully submitted" through to the end of the page.

== Page 2 ==
Item 1: On __(child's date of birth)__, a minor child was born to __(name of ex)__ ("Debtor") and Debtor is obligated to provide support to this child in accordance with the laws of this state.

Item 2: Debtor has made regular child support payments in the amount of __(amount)__ beginning on or about __(approximate date support began)__ for the support of the child. Debtor ceased making payments on or about __(approximate date support stopped)__ and soon after filed for bankruptcy relief in the above captioned case.

Item 3: Debtor is legally responsible for the support of the minor child, even in the absence of an explicit order stating such.

Item 4: Debtor's bankruptcy petition does not modify or discharge Debtor's obligation for support and, as such, continued protection of the automatic stay against collection efforts for said support is not required for a successful debt reorganization.

Demand clause: WHEREFORE, __(your name)__ demands the following:

Item A: That the automatic stay be terminated or modified to the extent necessary to allow __(your last name)__ to enforce collection and payment of child support on behalf of the minor child.

Item B: Leave unchanged.

Signature block: Modify this to reflect your name, address and telephone number. Leave off any references to "law firm" or "bar number."

Sign the motion and follow your court's local rules for filing it with the court and serving it upon the debtor and/or his attorney.

HTH,
wyv

I am probably not licensed to practice in your jurisdiction. Seek the advice of an attorney licensed as such for specific legal answers. This is intended to be general advice and does not create an attorney-client relationship.

Wow, awesome! Thankyou! I am going to see if a Legal Aid attorney can look at it for me. If I have it done already they are more likely to help me than if I need them to do it from scratch I think. I really appreciate your help! Happy Easter! : -)

[julbug66]

filing bankruptcy usually DOES NOT STOP the obligation of child support. this is an issue for family court. here is the Florida CSE page. look on here for more info... [url]http://sun6.dms.state.fl.us/dor/childsupport/guidlines.html[/url]

you might not be able to get him for back support (you probably wouldnt want to anyway since he was paying you) but Courts generally see your children as a #1 priority and wont let anyone weasel out of it. screw the girlfriend. she just wants his money.