Can spousal support be awarded during a Chapter 13?

[Raider_Vet]

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

Hello. I and my wife are seperated and going through a Divorce. Our Chapter 13 was filed in OR and will be paid off on 4-13-08. We filed for divorce in CA in December of last year.

I am asking for temp and permenent spousal support. Can a judge grant either during the Chapter 13? No we we did not file for divorce before the Chapter 13. Please any info would be helpful and if you can please send a link to any info showing this. I must present evidence to the judge by 12-2-08 that support can be granted.

 

[Gregeney]

The judge can grant support.


from the bk code:

§ 362. Automatic stay
(a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of—
(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title;
(2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title;
(3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate;
(4) any act to create, perfect, or enforce any lien against property of the estate;
(5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title;
(6) any act to collect, assess, or recover a claim against the debtor that arose before the
commencement of the case under this title;
(7) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and
(8) the commencement or continuation of a proceeding before the United States Tax Court
concerning the debtor a corporate debtor's tax liability for a taxable period the bankruptcy court may determine or concerning the tax liability of a debtor who is an individual for a taxable period ending before the
date of the order for relief under this title.
(b) The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970, does not operate as a stay—
(1) under subsection (a) of this section, of the commencement or continuation of a criminal action or proceeding against the debtor;
(2) under subsection (a) of this section—
(A) of the commencement or continuation of an civil action or proceeding for—
(i) for the establishment of paternity; or
(ii) for the establishment or modification of an order for alimony, maintenance, or
support domestic support obligations; or
(iii) concerning child custody or visitation;
(iv) for the dissolution of a marriage, except to the extent that such proceeding
seeks to determine the division of property that is property of the estate; or
(v) regarding domestic violence;
(B) of the collection of alimony,

Bolded are the most pertinent parts. If he needs case law, you should contact an attorney in your area for help.