<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by TRogers24:
I am dealing with child support enforcement in Georgia. Recently my child's father filed chapter 7 that has halted the proceeding in the child support enforcement. How long does chapter 7 have an effect on the child support enforcement? Would it be in my best interest to seek the advice of a bankruptcy lawyer to remove the stay on the back child support amounts?<HR></BLOCKQUOTE>
My response:
Your exhusband's child and spousal support obligations are not dischargeable in bankruptcy (even if the support claim has been assigned to a government agency). [11 USCA § 523(a)(5) - - in event of discharge in bankruptcy, family law court may make all proper support orders it deems just]
The only recourse for you at this time, as the nonbankrupt spouse wishing to overcome the automatic stay to permit continuation of a pending marriage dissolution property division proceeding, is to file a motion with the bankruptcy court to lift the stay "for cause" (11 USCA § 362(d).
IAAL
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