My ex-wife, who had $35K after the sale of our marital home last year, claims now she is in debt and needs to file bankruptcy. $15K of that went to a church to assist in protecting her from "evil people." The other $20K she spent partially on a car and other things such as her rent, utilities, etc. for perhaps a period when she didn't have fulltime work.
She is supposed to start paying $575/mth in child support for our daughter next month who resides solely with me (my ex has mental health issues). But it seems she has no ability -- in her mind -- to contribute her share.
She is also planning on moving out-of-state as she believes her current employer will not keep her employed once they learn she has filed bankruptcy. I told her that wasn't the case but in her mind, this is what she believes.
I really need her portion towards our daughter's care but doesn't seem to be much I can do. It will be very tight for my daughter and I. Anyone have any thoughts?
2007-02-22 13:05:07 · 19 answers · asked by GentleheartedOne 2 in Family & Relationships ➔ Marriage & Divorce
Take her back to court before she leaves the State. I assume you have a lawyer.
2007-02-22 13:10:28 · answer #1 · answered by Anonymous · 3⤊ 0⤋
You should visit IMMEDIATELOAN.NET- I am sure here you can find the best option for you
RE Ex needs to pay child support but is filing bankruptcy -- what can I do?
My ex-wife, who had $35K after the sale of our marital home last year, claims now she is in debt and needs to file bankruptcy. $15K of that went to a church to assist in protecting her from "evil people." The other $20K she spent partially on a car and other things such as her rent, utilities, etc. for perhaps a period when she didn't have fulltime work.
She is supposed to start paying $575/mth in child support for our daughter next month who resides solely with me (my ex has mental health issues). But it seems she has no ability -- in her mind -- to contribute her share.
She is also planning on moving out-of-state as she believes her current employer will not keep her employed once they learn she has filed bankruptcy. I told her that wasn't the case but in her mind, this is what she believes.
I really need her portion towards our daughter's care but doesn't seem to be much I can do. It will be very tight for my daughter and I. Anyone have any thoughts?
2014-10-10 04:52:30 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Child support supercedes any bills or bankruptcy. It is like a student loan or back taxes. You cannot "get out" of paying child support. He will still be obligated for current (or back) child support whether he file for bankruptcy or not. It was his choice to file for bankruptcy, but it is his obligation to pay child support no matter the conditions.
2016-05-24 00:40:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Dont let her problems fool you... bankruptcy has nothing to do with a child support obligation. My ex thought that would work too but it does not. Just because she is irresponsible with her finances does not relieve her from her obligation. The state enforces child support debt before any other financial obligation a person has. If you go through a child support agency they can garnish her tax refund every year. Do not back down to your ex - your daughter is her priority, not her expenses.
2007-02-22 13:41:07 · answer #4 · answered by Tink 5 · 0⤊ 0⤋
she has the presence of mind to file bankruptcy. she can still have a job. she's not that mental. bankruptcy will not erase child support issues. EVER. i don't care what state she is in. second.....if she moves out of state, that still doesn't relieve her of child support obligations. if she doesn't start paying, take the case up with Family Support Services. They will hunt her down and garnish her wages where ever she works. thirdly, even if she was so disabled she couldn't work, the court order will garnish her disability check.
2007-02-22 13:22:38 · answer #5 · answered by Bella 5 · 1⤊ 0⤋
she can file bankruptcy, but child support is not allowed to be wiped away with filing for bankruptcy. she has to pay it wether she files or not. the only way that she can get out of paying child support is if the court(either child support enforcement or the judge that ordered the child support in the first place) lets her out of paying it. the judge that hears the bankruptcy will not and can not let her off on child support. if you have to go to your state and request help for your daughter, if they find she is not paying her child support they will get her to pay it, cause otherwise the state will have to help you out and they want to avoid that if they can, and if they do help you at all, then they will go after her for the amount that they gave you for your daughter. it may not be easy, and it make take some time, but stick with it.
2007-02-22 13:18:06 · answer #6 · answered by whatelks67 5 · 0⤊ 0⤋
I practice bankruptcy law in California. A bankruptcy will not eliminate your ex-wife's duty to pay the support. You really should get a family law attorney who knows how to collect support judgments. You can garnish your ex-wife's wages and go after her bank accounts. The laws and procedures on how to do this vary by state, so consult a local attorney for more information.
2007-02-25 01:18:42 · answer #7 · answered by Carl 7 · 0⤊ 0⤋
Bankruptcy does NOT relieve her of child support payments. Go after her tooth and nail...do not be a fool. IF she gets another job, file with social security..her wages will be garnished to pay child support. Don't be a fool...she is nuts, but she can also pay. And, you might just think about suing that church..they have taken advantage of a person not in command of their legal senses! Call a lawyer now.
2007-02-22 13:09:53 · answer #8 · answered by Anonymous · 4⤊ 0⤋
bankruptcy has NO effect on child support. I would keep the case open, and I didn't receive any child support I would just tough it out and raise my kid,Knowing she is with the best parent.
My ex was ordered $292 for 2 kids,,and hasn't paid a dime,,I just let it go.
2007-02-24 11:22:37 · answer #9 · answered by Akida 4 · 0⤊ 0⤋
obligations to pay child support are called "domestic support obligations" and are never discharged in bankruptcy. So filing the bankruptcy will wipe out other debts, but not past or future obligations to pay child support.
2007-02-24 18:02:21 · answer #10 · answered by DLeibowitz 5 · 0⤊ 0⤋
By law she can't file bankruptcy on what she owes for child support. Without those other debts, this should be all the reason for her to pay and on time.
2007-02-22 13:11:30 · answer #11 · answered by Anonymous · 2⤊ 0⤋