QUESTION
Can his ex-wife is taking him back to the Juvenile Court for an increase in his payments after filing chapter 13?
Asked on Jul 14th, 2016 on Bankruptcy - Wisconsin
More details to this question:
My husband recently filed a Chapter 13 and his child support arrears, which he has never fallen behind on, was included in the filing. I would think that the bankruptcy court has jurisdiction and the filing is not proper. Also, his daughter is 25 and lives in another state. He is only paying the remaining arrears, not current support.
5 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Child support arrears are a debt which falls within the bankruptcy. If you notify the divorce court of the Chapter 13, it will immediately stop any action.
Answered on Aug 22nd, 2016 at 6:46 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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One can not bankrupt out on child support, current or arrearages.
Answered on Aug 10th, 2016 at 6:06 PM
Regrettably, matters in family court relating to child support are not protected by the filing of a Chapter 13. But I have to wonder why your husband has child support arrears if he has never fallen behind on. Child support arrears is, by definition, an admission that the child support payments are NOT current and are behind.
Answered on Aug 10th, 2016 at 6:06 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Child support is a domestic support obligation which is not dischargeable in bankruptcy; however, the payments on the debt would be determined by the bankruptcy court.
Answered on Aug 10th, 2016 at 11:49 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The bankruptcy laws favor family obligations, and the arrears on child support are not discharged.
Answered on Aug 10th, 2016 at 11:49 AM