My ex, Dixie J. Stoutt, a.k.a Dixie J. Moore, had played hide n seek with the state for 5 yrs. so she has a 13,000.00 bill for back support owed for the 3 children that I got custody of 15 yrs ago. Now since the payments late I called child support to check why and im informed that she's filing bankruptcy. Does anyone know how this effects the delinquint balance, and how long it takes before the support comes agian. Life is tough, even tougher without money..
2006-12-05 06:34:31 · 12 answers · asked by Shawn J 1 in Family & Relationships ➔ Marriage & Divorce
I don't think she can get away with not paying child support even she files bankruptcy. In my state, I can suspend ex-spouse's license, garnish from the paycheck, and stuff like that. I would suggest that you talk to someone at child support division at the prosecutor's office . If you have a court paper about the child support at the time of your divorce, prosecutor should be able to handle your case. I don't think you need an attorney.
2006-12-05 06:45:31 · answer #1 · answered by behappy 1 · 0⤊ 0⤋
Child support cannot be discharged during a bankruptcy.
The only thing that could have happened is that she filed chapter 13, which is a rearranging of debt, and it's being held up. But the child support does not go away, and as soon as the bankruptcy is up, the payments continue (with arrears and interest)
2006-12-05 13:31:41 · answer #2 · answered by John F 3 · 0⤊ 0⤋
If you can't afford a lawyer, you probably need to find proof that you both we're still living together. Bills that we're paid by her or even you for the same residence, phone records, mail? Something that you can use that shows you both lived together until a certain point in time. They won't just take your word over hers so you need some type of proof. If there is no way for you to prove that and you don't have a lawyer, then you're probably screwed unfortunately.
2016-05-22 21:43:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
she can not file bankruptcy on back or current child support. It may mean that a payment will not be for a while or even lower than the previous order. never count on child support as a steady income, unless the other parent really cares and is current on their support.
2006-12-05 06:40:36 · answer #4 · answered by nwnativeprincess 6 · 0⤊ 0⤋
It is my understanding that bankruptcy does not affect child support. I'd get a free consultation from a good lawyer. Keep an eye out to see what her source of income is. There has to be something coming in that she is required to fork over. Good luck.
2006-12-05 06:38:05 · answer #5 · answered by Catie 4 · 0⤊ 0⤋
it doesn't matter what state any where in the U.S. the three things you cannot file bankruptcy against are 1) the I.R.S., 2)Child Support, & 3) Alimoni, probably in limbo ,only because of the proceeding ,but in actuallity it shouldn't affect C.S.R.Call and ask to talk to a supervisor don't settle with just your average case worker, you may have someone who doesn't have all the facts.
2006-12-05 06:46:20 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Bankruptcy will do nothing as far as her having to pay child support, past due and future. Child support along with taxes, and certain liens are not dischargable.
2006-12-05 06:41:40 · answer #7 · answered by www.treasuretrooper.com/186861 4 · 0⤊ 0⤋
I thought filing bankruptcy had NOTHING to do with child support payments.
2006-12-05 06:37:53 · answer #8 · answered by Mean Carleen 7 · 0⤊ 0⤋
I don't think she can get out of paying support by filing bankruptcy, but see an attorney.
2006-12-05 06:36:10 · answer #9 · answered by camys_daddy 5 · 0⤊ 0⤋
not sure in your state if that is legal or not but here in ga you can not put your back childsupport order on bankruptcy ... you need to see a lawyer because if she getting any income tax from the state that would go to you for back childsupport
2006-12-05 07:26:36 · answer #10 · answered by ? 5 · 0⤊ 0⤋