Bankruptcy & Child Support

[Preciousluve886]

What is the name of your state? Fla
I live in one state and my ex lives in Aalabama.
He is going to file bankruptcy he says to get out of paying his child support arrearage, and other obligations that he hasnt been able to meet.
Can he get out of paying that?
I have posted in other forums here on this site and they all stated no, but when we called up to Alabama to ask an attorney up there, he stated that he can put the arrearage in the bankruptcy and he wouldnt owe the arreage after it was all over. Then we called a lawyer here in Fla and he stated that he cant ever ever get out of owing his child support arrearage.
Can someone please tell me what the real story is?
I am getting confused and I am only trying to look out for the best interest of my son.
Thank you for your time.

 

[Ladynred]

Bankruptcy is NOT a State issue, its FEDERAL. The FEDERAL law says that child or spousal support is NOT dischargeable. So, there's no way the deadbeat dad is going to get out of child support with a bankruptcy !! The appropriate section of the BK law is as follows:


Sec. 523. - Exceptions to discharge

(a)

A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt -


5)

to a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with State or territorial law by a governmental unit, or property settlement agreement, but not to the extent that -



(A)

such debt is assigned to another entity, voluntarily, by operation of law, or otherwise (other than debts assigned pursuant to section 408(a)(3) of the Social Security Act, or any such debt which has been assigned to the Federal Government or to a State or any political subdivision of such State); or

(B)

such debt includes a liability designated as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance, or support;


SO.. you WIN.. he LOSES.. he won't be able to squirm out of this one !!!!

 

[Preciousluve886]

I have to thank you for your quick response!!!

You have taken a load off my mind!!!

I have been going nutts for the last several days because my ex has been telling people that he discharged this debt.

I thought he was lying and I was right.

I sure do appreciate you helping me with this!!
Have a great day!!!
And great holidays as well!

 

[Ladynred]

Always happy to help, especially when it comes to deadbeat dads

The tricky thing is whether or not he listed his arrearage as child support or tried to show it as some other kind of debt... which would be fraud I believe.

Did you ex include you as a creditor in his bankruptcy ?

If you consult with any other lawyers you should show him/her that section from the bankruptcy code I sent so there's no confusion whatsoever.

 

[Preciousluve886]

I honesty dont know what he is doing with his bankruptcy, all I know is that he stated to his family members up there that he was going to file bankruptcy and he was going to wipe out his child support arrearage.
I called the child support enforcement people in Tallahassee and let them know of his intentions.
His arrearage to my son is now 16 grand.
The courts now have 2 writs of attachment for him, but he knows about them and wont step over the state line.
The courts also gave me a judgement against him for 10 grand, but that does me no good also.
I have also taken care of the IRS refund so maybe I will get that this year and every year til he is all paid up.
But the wheels of justice move slowly but at least they move.
But I am so glad that you told me and sent those sections stating that he cant get out of it at all!
That really took a load off my mind.
I also hate dead beat parents.
I dont understand there way of thinking and how they can be so callous about there off spring.
He only has 1 biological son in this world and he will never know what a great kid he truly is.
The only thing that is standing in his way of being a good dad is money.
You would think that he would have some common sense and just pay what he owes and the courts would leave him alone, but he has to do things the hard way.

Thats his loss not mine!

Ive got my son and get to be with him every day and see him grow and mature.
I think he was trying to take the cowards way out and get someone else to pay his debt for him.

I just want to say Thank you once again you are a wonderful person for helping!!!!

 

[Ladynred]

On the writs and judgment, you really should look into domesticating them to where the EX lives now, so they can be enforced. It'll take a lawyer to do this, but its worth a shot !

 

[Preciousluve886]

I already looked into that and that would mean moving the case to his state and that would mean for me...... to drive up there all the time to attend the hearings.

I dont want to transfer the case.

There was a law passed and it was suppose to go into effect last month about ineterstate cases and getting the 2 states to work together. But it seems that hardly anyone knows about the new law. So I have been faxing and emailing all the local and state reps here in my state and his and try to get someone to do something.


Its along road, but well worth it in the end.

 

[totallybroke]

This link might be helpful

http://www.uslaw.com/library/article/cpcs8Interstate.html?area_id=15

 

[Preciousluve886]

That was a great link!

Really informative!!!

Thank you so much. This will help me a great deal today.

I am in the process of faxing and emailing everyone in the government.

And the more real info that I have to hit them with the better off I am.

Have a great day

And Thank you !