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Back owed child support and bankruptcy

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sftballplayer73

Junior Member
What is the name of your state (only U.S. law)? California

I am pretty sure I know the answer, but I just want to be sure**************Back and current owed child support cannot be included in a bankruptcy filing, can it?? My ex-husband owes me back and current child support, and is going to be filing BK. I wanted to make sure he cannot include that in his BK.
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? California

I am pretty sure I know the answer, but I just want to be sure**************Back and current owed child support cannot be included in a bankruptcy filing, can it?? My ex-husband owes me back and current child support, and is going to be filing BK. I wanted to make sure he cannot include that in his BK.
No, CS and arrearages cannot be included in a BK, unless the parent owed CS has decided to use one of those CS 'recovery' firms.
 

sftballplayer73

Junior Member
No, CS and arrearages cannot be included in a BK, unless the parent owed CS has decided to use one of those CS 'recovery' firms.
That I know of, he is just going through a BK attorney. I just wanted to make sure he cannot get out of his obligations by just filing BK.
 

SIN EATER

Member
Enforcement of arrears is 'stayed' during the Chapter 7 bk process; current support may still be collected.

CS (current or arrears) is not dischargable.
If you receive a creditor's notice, contact the BK Trustee (in writing) & advise the Trustee that the debt is child support and ask them to advise you as to what you need to do to ensure it is not accidentally listed as discharged.
 

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