Bankruptcy & Unpaid Child Support

[Swany]

What is the name of your state?What is the name of your state? California

You have on your site the below question on your Q & A.....

MY EX HAS THREATEN TO FILE BANKRUPTCY. WHAT EFFECT DOES BANKRUPTCY HAVE ON CHILD SUPPORT?

And part of the answer included this:

"Since there are legal procedures that must be followed in order to lift the stay regarding the payments, it is crucial to retain an attorney who has expertise in bankruptcies."

Can anyone elaborate on this? The ex is in the process of filing for Bankruptcy and has said that someone's going to be contacting me regarding his Child Support that in arears. Question is....What does he mean? After he files, does Child Support stop accumulating? I have had my Family Law attorney for 7+ years and he's not an expert in this area....does this mean I should get "another" attorney as well that's familiar with bankruptcies?

Thank you,
Swany

 

[valarie1979]

Non you cant claim child support in bankrupcy nor on the IRS.
If this was the case parents who were losers and didnt think they needed to pay would sit and play for 7 years and reclaim bankrupcy, let him threaten you will bankrupcy it has no effect on past or present child support!

 

[Swany]

Thank you Valerie. Now I'm kind of new here, but are there laywers and attornies that respond to these posts as well?? I just want to know if my attorney is jacking me around by pretending he doesn't know much about this deal....

 

[FloridaRob]

The only thing bankruptcy does is stay a court order for contempt until the bankruptcy courts has its say. If the civil court has ordered him to jail or put him in jail, br will get him out or keep him from going.

 

[Swany]

Thanks FloridaRob - then what's the point in filing for Contempt? I've already done this as well as him being served - now we have a court date. Should my attorney have adviced me to NOT file for Contempt? Does this mean that the Judge will have more sympathy on him once in court? Also, does anyone know if Childsupport stops accumulating once he files for Bankruptcy? When does it begin again? Do you get paid for time it's stopped? Someone let me know if I should contact a Bankruptcy lawyer....thanks again....Swany

 

[LdiJ]

Thank you Valerie. Now I'm kind of new here, but are there laywers and attornies that respond to these posts as well?? I just want to know if my attorney is jacking me around by pretending he doesn't know much about this deal....

Your attorney probably isn't "jacking" you around. Many attorneys are not very familiar with laws outside of their own sphere of practice.

 

[FloridaRob]

Swany. Child support keeps accumulating even thru br proceedings. Payments do not stop until the courts say it stops. (Even kids turning 18 does not automatically turn off child supprt unless it is written in the order)Getting a contempt order will at least start the process so that when he defaults on his BR you can go after him sooner. Your attorney will probably have to go to Br court to represent your child support interest. If he is filing chapter 13, the br court will allow him to put the child support arrearge into a payment plan. His monthly obligation does not stop. He will have to keep up with the monthly obligation as well as paying on the arrears. If he defaults on the 13, then the local courts can go after him and put him in jail.

YOu dont need a BR attorney, just an attorney who is versed on how BR and Child support interact.

BR will not keep him out of jail forever if his goal is to not pay child support. IT just delays. Kind of like a stay of execution.

 

[Whyte Noise]

Child Support can NOT be discharged in bankruptcy proceedings.

UNLESS... the child support has been assigned to a third party (like one of those collection agencies you see advertised on TV).

Him filing BK won't affect his child support obligation in any way, shape, or form.

The United States Bankruptcy Code (Title 11 of the United States Code) states in Section 523 that:

(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 § 402(a)(26) 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 designation as alimony, maintenance, or support, unless such liability is actually in the nature of alimony, maintenance or support . . . .

 

[valarie1979]

Another words on the post before mine, make sure you dont turn it over to a third party. IE. Support kids., even though the state is a pain in the ass make sure they purse him and not turn it over to a 3rd party,

 

[Swany]

So, here we go. I received the Filed Chapter 13 paperwork from his attorney yesterday. He's included his in arears child support of $11,000 to be payable over 60 months.....when calculated out with everything else he's got going on in the bankruptcy that will $215 a month for me. So far, my attorney has communicated nothing yet to me. A call is scheduled by me, though, this week to speak with him. I want to get my list of questions for him correct this time.

1. I filed Contempt on the $11,000 owed already. What's the Judge going to say to that? Does it just get dismissed? Will she hear that he's probably not going to continue to even pay what he owes in addition to what he's in arears for? Will she care?

2. Does it count that I have numerous emails from the ex from Feb., April, June and July, saying he will be paying in-full all back support? Will she care? Does it matter?

3. Looks like his house is not listed in the bankruptcy....just two car loans and a business loan....(I thought Chapter 13 doesn't apply to Corp. or Inc.)? No credit cards....Will the Judge care that somehow he thinks that "Child Support" payments should be included in his Bankruptcy and not his Credit Cards? I know he has them.....he's booked flight for the kids several times using the CC.

4. Do I have to take this deal? Can I reject it? The paperwork doesn't exactly come with "instructions"....

5. The paperwork doesn't list his expenses or where his income is coming from, which since he's self employed, he claims broke all the time...just a lump sum of $4,293. Okay....Heck, I have a whole family of 4 and my expenses equal almost that amount as well. And I live in CA not TX...So my question is, I know that he had to disclose where his and her income came from and what all their expenses were - Can I see these? Apparently not, but shouldn't I be able to somehow? Wouldn't our Judge want to compare this to what he'll disclose on his I & E?

Okay, I'm done for now. Thanks for listening and looking forward to hear whatever answers you have out there....

Swany

 

[LdiJ]

So, here we go. I received the Filed Chapter 13 paperwork from his attorney yesterday. He's included his in arears child support of $11,000 to be payable over 60 months.....when calculated out with everything else he's got going on in the bankruptcy that will $215 a month for me. So far, my attorney has communicated nothing yet to me. A call is scheduled by me, though, this week to speak with him. I want to get my list of questions for him correct this time.

1. I filed Contempt on the $11,000 owed already. What's the Judge going to say to that? Does it just get dismissed? Will she hear that he's probably not going to continue to even pay what he owes in addition to what he's in arears for? Will she care?

2. Does it count that I have numerous emails from the ex from Feb., April, June and July, saying he will be paying in-full all back support? Will she care? Does it matter?

3. Looks like his house is not listed in the bankruptcy....just two car loans and a business loan....(I thought Chapter 13 doesn't apply to Corp. or Inc.)? No credit cards....Will the Judge care that somehow he thinks that "Child Support" payments should be included in his Bankruptcy and not his Credit Cards? I know he has them.....he's booked flight for the kids several times using the CC.

4. Do I have to take this deal? Can I reject it? The paperwork doesn't exactly come with "instructions"....

5. The paperwork doesn't list his expenses or where his income is coming from, which since he's self employed, he claims broke all the time...just a lump sum of $4,293. Okay....Heck, I have a whole family of 4 and my expenses equal almost that amount as well. And I live in CA not TX...So my question is, I know that he had to disclose where his and her income came from and what all their expenses were - Can I see these? Apparently not, but shouldn't I be able to somehow? Wouldn't our Judge want to compare this to what he'll disclose on his I & E?

Okay, I'm done for now. Thanks for listening and looking forward to hear whatever answers you have out there....

Swany

It actually might be to your advantage to accept this "deal". There is a very good reason to do so. He will be making a monthly total payment to the bankruptcy court covering ALL of his debt, and the bankruptcy court will be paying the money to you (or the CSE agency) and the other creditors. Its even more guaranteed that wage assignment or anything ordered by the family court judge. He can't risk non payment without totally messing up his bankruptcy. Of course this applies to the arrearages only, current support will be handled as normal. This is actually a pretty positive thing for you.