QUESTION
Ex-husband filed Chapter 7 am I required to file a complaint to keep Child Support and Spousal Support?
Asked on Dec 18th, 2012 on Bankruptcy - Florida
More details to this question:
I am receiving child support and spousal support from my ex husband. The child support was filed through the Friend of the Court and was handled through divorce by my attorney. I dropped my attorney because it took him 2 years to do anything with my divorce. Therefore, the spousal support was filed by me and the support funds come straight to me. I handled the spousal support myself through the court. My ex husband and new wife filed Chapter 7 just this December. There is a meeting for the creditors plus notice to file a complaint if I believe the debt is still owed. Should I attend the meeting and must I file a complaint on my own behalf OR am I automatically protected on both the child support and spousal support and do nothing?
7 ANSWERS
Bankruptcy Attorney serving Petaluma, CA
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Law Office of Andrew Kern
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You are automatically protected for the spousal support because the debtor/filer has to disclose it in his petition. You may want to attend or check his filing to make sure the child support in included.
Answered on Dec 21st, 2012 at 1:17 AM
It isn't clear whether the child support is current or not, but in either case, child support can NEVER be eliminated by a bankruptcy filing. You should appear at the meeting of creditors only if you have questions to ask under oath of your ex. The bankruptcy trustee will be sending you a letter informing you of your rights to collect child support.
Answered on Dec 20th, 2012 at 7:26 AM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Nothing to do...child and spousal support are not discharged in case.
Answered on Dec 19th, 2012 at 3:21 PM
Richard hirsh
Your marital claims for child support or maintenance are presumably non-dischargeable and I am pretty certain that the notice you got from the court indicates that the deadline for asserting claims to determine discharge apply only to sections 523(a)(2) (a)(4) and (a)(6). Such objections must be filed within 60 days after the original date for the meeting of creditors. Your marital claims are non-dischargeable under sections 523(a)(5) and (a)(15) and not subject to that deadline.
Answered on Dec 19th, 2012 at 1:49 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In NJ: I would be there and I would would speak to the Trustee on the matter.
Answered on Dec 19th, 2012 at 1:49 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Support payments cannot be discharged, and if he does not pay, the bankruptcy will not protect him from filing a motion for contempt, having a hearing, and him being placed in the custody of the sheriff for up to 6 months.
Answered on Dec 19th, 2012 at 1:48 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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To the extent these obligations are considered Domestic Support Obligations, as defined by the Bankruptcy Code, you should be automatically protected. It sounds as though the payments are DSO payments, but you should check to be sure.
Answered on Dec 19th, 2012 at 1:48 PM