Arrearage in Bankruptcy

[Preciousluve886]

I live in Florida and my ex-husband lives in Alabama.
He is filing chapter 13 and it is my understanding that he is trying to put in the bankruptcy the arrearage he owes.
Is this possible. Can he just go and file bankruptcy and not be responsible for paying what he owes.
His arrearage is over 10 thousand and I honesty cant see how he can get away with that.
But is there a way that I can stop this from happening if it is true.
What avenues can I take to make sure that my son will get the money that is owed to him.
I also have a judgement against him for 10 grand for arrearage can he also wipe that out?

This bankruptcy really has me concerned.
I get child support now from him, but that took a long time to get and thats why his arrearage is so high. He doesnt work on a regular basis so those checks are sporatic.
Any help and or advice will be appreciated.

 

[Ladynred]

Whoa. This arrearage is for Child support ??

He won't be able to wipe out the judgment if its for Child Support, that is one of the few debts that absolutely is NOT discharged in bankruptcy. I'm not even sure if he can inlcude it in his Ch 13 plan, I'd have to look it up. Child support is pretty much a sacred cow these days.. no one gets out of it any other way except paying it -- or by death.

Question - are you SURE its a Ch 13 ?? If he doesn't have a regular income, he'll NEVER make it with a Ch 13 - that's why they call it the 'wage earner's' bankruptcy !

 

[dorenephilpot]

Your darling ex cannot get his child support arrearage discharged in his BK.

That is considered a priority payment and will be paid ahead of most everything else.

 

[Ladynred]

Thanks Doreen

I did find this, it may help understand a bit:

"As a general rule, the debtor is discharged from all debts provided for by the plan or disallowed, ***except certain long term obligations (such as a home mortgage), debts for alimony or child support***, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor’s conviction of a crime.11 U.S.C. § 1328(a). ***To the extent that these types of debts are not fully paid pursuant to the chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded.***"

So, even if he can get them included in his bankruptcy, if he doesn't pay it ALL by the end of the plan, he's STILL going to have to keep paying his child support debt !

 

[Preciousluve886]

I might have been a bit scattered with my 1st post, because I was mad as he** when I heard about this today.
Lemme start over.
I have gotton a judgement against him for child support
arrearage about 3 years ago, the judgement is for 10 thousand.

Now for the last 7 or 8 months he has been paying his child support plus an extra 30 dollars in each check that goes towards the arrearage. I have an Income deduction order and his employer pays this each week.
I called child support today to see what was going on with my case and they told me he has filed for chapter 13.
I spoke to the girl at length and she stated to me that he can put that judgement that I already have in place against him into his bankruptcy.
I dont see how and I think she is giving out misinformation.
If that was the case then all NCP would claim bankruptcy and do away with there old debts for child support.
So where I am right now is:
He is in arrears for over 9 grand and I also have a judgement for another 10 grand.
He has been paying his support on a regular basis for 7 or 8 months and now he goes and files bankruptcy.
I just want to know that my sons money will come to him sooner or later.
I sure appreciate all the response from you guys.
You always seemto know the right answers to my nutty questions and all the help you give is great.
Thank you for everything

 

[Ladynred]

Not to worry, your son will get ALL the money coming to him !
I still don't know how a Ch 13 will work for him if he has no steady income. No steady income means he won't be able to make his regular plan payments.

He may TRY to include the judgment in his filing, however, since it was awarded for CHILD SUPPORT, he will NOT succeed in avoiding it. You should be able to challenge this if he lies about the REASON for that judgment.

You can also check with the Fed BK court in the district where he lives and you can get all the info on this bankruptcy of his. Bankruptcies are a matter of public record so you should be able to get all the details.

 

[Preciousluve886]

Ladynred you always come through for me!

I sure do appreciate it alot. I have already found the page that shows bankrupties in Alabama.
Just to let you know, my ex thinks that by filing a bankruptcy makes his debts go away along with his arrearage and the judgement, he also thinks that once those are discharged it will also make his warrants go away for failure to pay child support. Understand that I am not dealing with a normal man up there. If he had half a mind he would have paid his child support and the other bills that was his obligation. But he thinks this is going to fix it for him. Its going to be an interesting summer for him.

Have a great day and weekend.

You sure do help alot of people here and I am sure they also appreciate it too.
but you have cetainly set my mind at ease.

Thank you

 

[alchemist]

I'd be a bit concerned with the agency you're using (I assume its a county agency) for child support....someone needs to inform those workers that BK doesnt affect money owed for child support.