Child Support and Bankruptcy

[Marcie5030]

I currently live in TX and my ex in AZ. He currently owes me more than 10,000 in child support. I started persuing collection in Feb 2001 and he has now filed for Bankruptcy. Because I am already involved with the state courts in trying to collect, can he file for bankruptcy to postpone paying the child support, and how will it affect me?

 

[I AM ALWAYS LIABLE]

My response:

Child support, among other Family Law debts, are non-dischargeable in Bankruptcy. While there may be a "stay" at the present time from collecting the arrearages, the "stay" will soon be lifted and you can continue going after him.

You're going to be "OK".

IAAL

 

[Marcie5030]

How long does the stay last?

 

[I AM ALWAYS LIABLE]

How long does the stay last?

My response:

It last's as long as it takes for you to file a Motion with the BK court to have the "Stay" lifted, or until the BK Trustee reviews your claim of exemption (which could take longer than if you just filed your Motion). The length of time varies, depending upon his actual circumstances, and the complexity of the case.

I presume he has listed you as a "creditor" and you received Notice of the pending BK - - correct ?

IAAL

 

[Marcie5030]

Re: Re: Child Support and Bankruptcy

Yes, I am listed as a creditor. Everytime I mention the situation to anyone, they say "that's against the Law, he can't do that!!" However, I haven't found anything yet that says it is against the law, nor have I found anything that says he can't do this. It's quite frustrating. My husband and I work hard and abide by the parenting plan. My ex gets all of his visitations with no objections because "I have to". I feel that if he's withholding, then why can't I. As it states in the rules of Bankruptcy "If the goods are not paid for, then the goods can be withheld."

 

[tigger22472]

Hey I like that thought.. Let all deadbeat parents that don't do things in the best intrest of the children file bankruptcy... I know I know.. it's just a pipe dream... but sounded good

 

[LegalBeagle]

Re: Re: Re: Child Support and Bankruptcy

Yes, I am listed as a creditor. Everytime I mention the situation to anyone, they say "that's against the Law, he can't do that!!" However, I haven't found anything yet that says it is against the law, nor have I found anything that says he can't do this. It's quite frustrating. My husband and I work hard and abide by the parenting plan. My ex gets all of his visitations with no objections because "I have to". I feel that if he's withholding, then why can't I. As it states in the rules of Bankruptcy "If the goods are not paid for, then the goods can be withheld."

These people you are asking, are they Attorney's?

Do not deny him visitation.. CS and visitation are two seperate issues and denial will just get you into trouble... just remember, you can hound him for that money for the rest of his life, and beyond.

 

[ktarra617]

I know for a fact that bankruptcy does not erase child support debt. I am in Texas as well and when my hubby and I filed bk last year we were told in no uncertain terms that his child support was not something that can be erased.(Not that we would but they asked if either of us paid supprt) As BK is something that is governed under Federal Law I am pretty certain that just because he filed in Arizona doesn't mean anything he still owes the support. If his lawyer knowingly allowed him to list you as a creditor and then I would guess his lawyer is in some trouble because you can call any bk lawyer and they will tell you that cs cannot be erased by BK. You might contact a lawyer in your area and find out how you go about filing the right paperwork to get your support taken out of his BK paperwork.

Our lawyer had us list his ex as someone he paid money to but as the obligation can not be erased she was not listed as a creditor. Don't know how your ex managed to get you listed as a creditor. It's not legal and it shouldn't have happened.

Good Luck!