QUESTION
Can arrears child support be included in chapter 13 and what legal advise can you give me?
Asked on Sep 26th, 2012 on Bankruptcy - Georgia
More details to this question:
I'm the custodial parent. My ex-husband owes about 16,000 or more with interest in arrears of child support. He had a court date scheduled this month but filed a chapter 13 the day before the court date. Child support suggested that I seek legal advise. What can I do ?
12 ANSWERS
You should hire an attorney to help you file a claim in the case which will get you paid through the plan, or defeat the plan.
Answered on Jun 12th, 2013 at 1:49 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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Child support is a priority debt that should be paid in full during his Ch. 13 case; consult a bankruptcy attorney to determine whether you should file a proof of claim (the Attorney General should know).
Answered on Oct 08th, 2012 at 1:47 PM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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The child support will have to be included in the Chapter 13 plan and will be paid by the standing trustee. If he cannot pay it all in the 5 years allowed by Chapter 13, it cannot be discharged and he will come out still owing it.
Answered on Oct 04th, 2012 at 11:07 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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A chapter 13 plan should include the payment of the arrears.
Answered on Sep 27th, 2012 at 6:14 PM
This is a complex and confusing area, even for attorneys. You need to sit down with an attorney who is familiar with Chapter 13 and with coordinating with Recovery Services.
Answered on Sep 27th, 2012 at 4:22 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The arrears are the vested right of the child, and are not dischargeable in bankruptcy. He will not be able to pay only a portion of what is owed as in most other debts. He must pay the full amount.
Answered on Sep 27th, 2012 at 4:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Child support is not generally discharge able, seek to set aside the automatic stay in the bankruptcy court, that will proceed against him. As the rest of his creditors will be caught in the bankruptcy he should be able to pay you more. Use his play against him!
Answered on Sep 27th, 2012 at 4:12 PM
This is good news for you. Contact a bankruptcy attorney to have him file a claim for you. The child support arrearage should be paid off,in full, before he gets his discharge. It is not a debt that is dischargeable in bankruptcy.
Answered on Sep 27th, 2012 at 4:10 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Child support is not dischargeable in bankruptcy.
Answered on Sep 27th, 2012 at 4:10 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Child support arrears are absolutely not dischargeable under any circumstances. So long as the bankruptcy is active, a garnishment cannot be issued, however your arrears balance should be included in the payment plan. I suggest seeking help from an attorney who does chapter 13 work for assistance.
Answered on Sep 27th, 2012 at 4:09 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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First of all, arrears can go through a c13 plan, but they a priority claim. Second he must remain current post petition. He must file a certificate saying that he is current before his plan can be confirmed and if he misses post petition payments, a motion to vacate stay can be done under 11 USC 362 b.
Answered on Sep 27th, 2012 at 4:08 PM
Glen Edward Ashman
Child support can be paid under a chapter 13, but you may have remedies you should pursue. See a lawyer ASAP.
Answered on Sep 27th, 2012 at 4:08 PM