QUESTION
If I don't file a proof of claim, will he stop having to pay future support payments?
Asked on Feb 08th, 2013 on Bankruptcy - New Jersey
More details to this question:
My ex has filed Chapter 13 and I'm listed as a creditor due to child support. The child support at this date is current and he does not owe arrears as of yet. Do I have to file proof of claim?
15 ANSWERS
No, you would only file a Proof Of Claim for a delinquent obligation. The bankruptcy court required that you receive notice of the case because you have a domestic support order (DSO).
Answered on Feb 12th, 2013 at 2:27 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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Not filing a Proof of Claim is not going to effectively dissolve a child support order. If he falls behind on the Child Support during his case you can notify the Trustee and I believe a Motion to Dismiss will be filed. I think the Trustee would be willing to answer most of your questions by the way.
Answered on Feb 12th, 2013 at 2:26 PM
You should look at the notice which came from the bankruptcy court. It will tell you whether or not you need to file a proof of claim. Since you are listed as a creditor, it may not be necessary. But, it never hurts to file one to be sure. It is free and pretty easy once you get the form. I recommend filing one.
Answered on Feb 11th, 2013 at 11:13 PM
Richard hirsh
Your claim is a non-dischargeable debt. His chapter 13 Plan should include current payments to you, either in the plan or in his Schedule J budget. Claims generally only apply to arrears and therefore you probably do not need to file a claim. Filing a claim will not prejudice you however.
Answered on Feb 11th, 2013 at 10:26 PM
Based on the information provided, your ex-husband placed you as a creditor just to notifiy the court that child support is a monthy expense. Child support and alimony are non-dischargeable in bankruptcy, therefore he cannot stop paying you monthly even if he is discharging his other debts in bankruptcy.
Answered on Feb 11th, 2013 at 9:36 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Bankruptcy will not change his child support obligation. When he completes the 13, he will have to inform the court that he is still current on his child support as well.
Answered on Feb 11th, 2013 at 8:52 PM
Deborah F. Bowinski
If you are certain that everything is current then there is no need to file a proof of claim in his bankruptcy.
Answered on Feb 11th, 2013 at 8:11 PM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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You should file a proof of claim.
Answered on Feb 11th, 2013 at 8:07 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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No. The state child support collection laws and mechanism will trump anything that happens in his bankruptcy.
Answered on Feb 11th, 2013 at 7:58 PM
I am not a creditors attorney, but it seems to me that if he is not in arrears, there is nothing for you to claim. You should contact his trustees office (the # should be on the notice you got) and verify this.
Answered on Feb 11th, 2013 at 7:41 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It does not hurt you to file the proof of claim. The child support obligation is not discharged in either a chapter 7 or 13. Make sure to read his plan in order to determine if he is trying to pull anything.
Answered on Feb 11th, 2013 at 7:27 PM
Since there are no child support arrearages you do not have to file a Proof of Claim. Your exes' obligation to pay child support in the future is unaffected by his bankruptcy filing.
Answered on Feb 11th, 2013 at 7:23 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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Technically, no, but you may do so. If your ex listed the support obligation you should be protected. Such obligations are nondischargeable as a matter of law.
Answered on Feb 11th, 2013 at 7:15 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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He is required to continue making the future support payment. If his case ends and he can't certify that he is current on payments, he will not get a discharge of his debts. I would file a claim in his case, the trustee may start making the payments at some point and if you don't have a claim filed he/she can't send money to you.
Answered on Feb 11th, 2013 at 7:15 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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File the POC to preserve your rights. In addition, make sure that the Chapter shows that he is paying his monthly obligations outside of the Plan. .
Answered on Feb 11th, 2013 at 7:14 PM