Bankruptcy CHP 13..Looking for Ladyred

[Preciousluve886]

What is the name of your state? Fl
I live in Fla, the ex-husband lives in AL.
He wants to pay me directly and not include the back due child support and current due child support in his case.
Here lies my problem, How come he just still doesnt pay it directly through the child support enforcement agency. He says in his plan that he will pay me directly now. I do not trust him for the simple reason he is 45 thousand in the hole with this.
I understand he cannot get rid of what he owes me for support but why doesnt he still pay it through child support?
I also have not recieved any paper work from him or his attorney about this. I only received paperwork from the standing trustee that he had filed bankruptcy.
I really need some answers because I am clueless to this process.

Thank you in advance!!

 

[azatty]

Don't fret too much. If a debtor has support arrearages, he has serious problems under the new bankruptcy law. The BAPCPA massively changed how child support is handled. It's now a first priority debt, and the Chapter 13 Plan must provide for payment in full of all support arrearages owed on the petition date (at least that's the conclusion drawn from reading 11 U.S.C. §507(a)(1)(a) and §1322(a)(2) together; unfortunately, there are no reported cases dealing with attempted plan confirmation with less than full payment of child support arrearages yet). If the arrearage claim has been assigned to a government entity responsible for collecting support, he cannot confirm the Chapter 13 plan unless he pays all disposible income into the plan for five years. Even then, the debt will not be discharged.

The "pay directly" language in the Plan is lawyer shorthand for "we're not going to pay this money to the Chapter 13 trustee for him to distribute." The checks should still go to the support clearinghouse (or whatever agency administers support in your state). Examine the Plan closely and check his bankruptcy schedules. Look at how much your claim is scheduled for (check Schedule "E", Priority Claims), and how much the Plan says your claim is. That should give you an idea of how much he intends to pay through the Plan. You should also consider seeing a local bankruptcy attorney. You're dealing with a relatively uncharted area of bankruptcy law, and there may be objections you can make to confirmation of your ex's Plan.

 

[Preciousluve886]

Well Thank you very much for your very insightful reply.
I truly appreicate it alot and will read the statues and try to get the judge to understand what he is trying to do.

Have a great weekend!!