ex filed ch 13 to avoid support

[linm]

What is the name of your state? Florida

After two years of fighting, finally got an order to sequester accts. receivable in court registry to provide child support first. Next day, ex filed ch 13. My understanding is that similar to other creditors, ongoing child support must be kept current. Is this correct and can anyone point me to the relevant parts of the code? Or an 11th circuit opinion?

The filing was over 30 days ago and while two small payments have been made since filing, they do not total even half of one month of ordered support. I'll worry about the arrearages another day; right now we're pretty desperate to just collect the ongoing support. Any ideas?

Thanks for helping.

 

[amanning]

Does he have a job? Do you know where he works? The atty gen. will garnish his wages and send the ordered support to you. Bankruptcy has no bearing on court ordered child support.

The Attorney General’s Office represents the Department of Revenue’s Child Support Enforcement Division in administrative and judicial proceedings involving the establishment and enforcement of paternity and support in cases both within and outside Florida and include contested and non-contested cases. The Department of Revenue’s toll-free number for child support matters is 1-800-622-5437 (1-800-622-KIDS). This information can be accessed on the web at http://sun6.dms.state.fl.us/dor/childsupport/phone.html.

Good Luck

 

[linm]

thanks for response

Yes, I know where he works; he's self employed. The chapter 13 bankruptcy comes with an automatic stay with regard to anything that is property of the estate. 11 USC § 362. I cannot do anything to collect child support without a lifting of the stay. There is an exception for the initiating or modifying an order, but since the order is in place, that wouldn't affect me. The state courts are very hands off once a party files for bankruptcy protection.

As far as the attorney general goes, I'm glad that you've had such good luck with them. You're the only person I've ever heard recommend them. I even called them once regarding a child support case with my ex and a child from a previous marriage and offered them the documents, etc. that I used to get an order for support of our children. They didn't bother to even call me back. A year after I offered, that child still doesn't have an order for support. The case is being handled by DOR and after the ex simply didn't show up at the hearing, rather than demand a default judgment, they canceled the hearing and are waiting for word from the ex. I hope they're holding their breath the whole time that child is being deprived due to their failure to do their job.

There are great laws on the books in Florida, but they're virtually never enforced. F.S. 856.04 declares it a 3rd degree felony to abandon one's children without providing support. Try calling any state attorney's office or police department and telling them you want to press charges under that one or F.S. 827.06. They refer you to DOR and in a nutshell, unless your ex is willing to pay, the DOR rarely does much to compel them.

I belong to a new group that is trying to get laws enforced and you just would not believe the stories I hear from other members and what they've gone through to collect support in Florida. One had 13 contempt hearings in the last 3 years and the ex didn't ever see the inside of a jail cell and is still tens of thousands behind in support. My own ex has ignored order after order after order and nothing happened to him either, until the judge finally got sick of him obviously lying. You see, my ex's gross receipts average $30k per month but all that goes out in employee costs; the employees happen to be the new significant other and children. And the poor soul isn't able to earn a cent, after paying all the "employees" and their benefits. The chapter 13 is just the latest ploy to get out of paying any support.

But I do appreciate you trying to help. Thanks.