My daughter's father is filing chapter 13 and he said his lawyer told him he can file the $800 in back childsupport he owes. Can he really do this...I thought that was protected?
2007-07-01 10:01:52 · 8 answers · asked by April78 1 in Politics & Government ➔ Law & Ethics
Hi. Domestic support owed cannot be discharged in the bankruptcy. He is filing a Ch. 13 which means that the arrearages will be paid through the plan, so his lawyer is correct. He is not discharging the debt, only repaying it through the plan. You should received payments for the arrears from the Ch. 13 trustee. Contact the Ch. 13 trustee assigned to his case, to find out if disbursements have began. He also has to remain current on the ongoing child support payments.
2007-07-02 11:40:35 · answer #1 · answered by ? 2 · 1⤊ 0⤋
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RE Can you file child support owed in a bankruptcy?
My daughter's father is filing chapter 13 and he said his lawyer told him he can file the $800 in back childsupport he owes. Can he really do this...I thought that was protected?
2014-10-10 02:01:27 · answer #2 · answered by ? 1 · 0⤊ 0⤋
"Filing for bankruptcy protection does not allow your ex to discharge past due child support obligations. Any back payments owed for child support cannot be discharged in a bankruptcy proceeding. "
http://family-law.freeadvice.com/child_support/child_support_bankruptcy.htm
2007-07-01 17:06:35 · answer #3 · answered by Anonymous · 3⤊ 0⤋
Absolutely Not. He's completely full of it. You cannot discharge child support debts with bankruptcy.
2007-07-01 17:56:13 · answer #4 · answered by cyanne2ak 7 · 0⤊ 0⤋
No way can he get out of it. The government can pursue him for unpaid child support indefinitely.
2007-07-01 17:08:35 · answer #5 · answered by Marina 1 6 · 1⤊ 0⤋
No, he cant. Child support is a priority debt that cannot be discharged.
EDIT: He has to LIST the debt on his petition. But he will have to pay it.
2007-07-01 17:06:35 · answer #6 · answered by Toodeemo 7 · 2⤊ 0⤋
your ex's attorney is either an idiot or your ex is lying.
Child support and back taxes owed are two things that cannot be forgiven in a bankrupty.
2007-07-01 17:06:38 · answer #7 · answered by hexeliebe 6 · 1⤊ 0⤋
You can if you're a deadbeat dad. Thats too bad, I hope he doesn't get away with it. Good luck.
2007-07-01 17:09:41 · answer #8 · answered by Hans B 5 · 0⤊ 1⤋