My ex recently filed bankruptcy. He owes over $6000.00 in child support. I had him enlisted in the Family Maintenence Enforcement program for almost 3 years. In that time he has had his license denied and other actions taken against him. He still has only made 3 payments, and only to get his license back. Although he had made an arrangement to pay at least $400 by the end of every month, he hasn't made another payment. So, Family Maintenence is back on his case. What I was wondering though is this.....Can't he now also get in trouble with Bankruptcy for failure to send my payments? I always thought that he had to stick to the payment schedule they provide him with.
2006-10-13 02:17:28 · 7 answers · asked by firefly2007 2 in Politics & Government ➔ Law & Ethics
the bankruptcy is done, it's just a court procedure, they can't take away his bankruptcy once it's done. ha can just be in trouble with the law. if you know where he works you can go to the court house and file a suit for garnishment of check, then he doesn't get a choice whether he pays. also if he refuses to work he can be hauled off to jail. him in jail doesn't help you much, but it can give him some incentive to work.
2006-10-13 02:24:35 · answer #1 · answered by onlylove41 4 · 0⤊ 0⤋
Bankruptcy does not dismiss Child Support nor Taxes. However, the courts must adjust the amount of child support based on his earnings.
Its a bit hard to get to work without a car (no license) and it may have effected his amount owed.
I'm not defending him as I don't even know the man nor do I know you. Some mothers (and I hope you aren't one of them) tend to us their children as a "pay back" tool and will hound their ex-husbands to the grave.., without regard to the effect it has on the children.
If the husband really is a dead beat and not having a hard time financially - then he needs to be held accountable. Mothers who have custody and use their children as war toys do not deserve custody of their children.
Hopefully - you're a good mother and know the difference. In which case I wish you well.
2006-10-13 09:33:32 · answer #2 · answered by Victor ious 6 · 0⤊ 0⤋
Bankruptcy can wipe out many types of debt, but child support is not one of them. Certain debts (referred to legally as "priority debts") are considered so important that they survive bankruptcy -- and child support is first on the priority debt list. This means that your ex will still owe you this money, despite filing for bankruptcy.
2006-10-13 10:02:56 · answer #3 · answered by strawberry36445 2 · 0⤊ 0⤋
I would say so if it's in his Bankruptcy call the banruptcy court they cannot give you his personal stuff but hey can tell you the rules or call a lawyer for a free consultion.
2006-10-13 09:21:15 · answer #4 · answered by csaw3 2 · 0⤊ 0⤋
I really feel sorry for you. I was married for 33 years and didn't break it up because of the children. I always paid my bills (you pay your obligations and then what you want), Pls, next time get yourself a reliable busband! and life will be better.
2006-10-13 09:29:17 · answer #5 · answered by luosechi 駱士基 6 · 0⤊ 0⤋
You are right. The Court speaks! talk to your attorney,go to court and have ex pick up the tab and penalties for non-compliance,contempt of court.
2006-10-13 09:32:10 · answer #6 · answered by BONES 4 · 0⤊ 0⤋
If he file for backruptcy it DOES NOT effect what he still owes you for child support. If he is not paying you then take him to court.
2006-10-13 09:20:35 · answer #7 · answered by tjnw79 4 · 0⤊ 0⤋