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Child Support in Bankruptcy

Date: Thu, 10/18/2012 - 09:28
Submitted by on Thu, 10/18/2012 - 09:28
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I have filed a Proof of Claim and an objection to the Ch 13 case my Ex filed for his Outstanding Child Support. I feel he did this to avoid the ruling of Contempt that I requested because he moved jobs and did not reort his new position to the court, nor pay the $ until I tracked him down. I am representing myself in Bankruptcy Court because my money is tied up in my CS attorney. His lawyer smugly made the comment to me that there was no point to me showing up because the judge will not make him pay me. I would like some iput about what the possibble outcomes may be when I go to court next week. Are the going to spread out those payments over years, is it possible to have the judge allow the childres court (CS Judge) to make the ruling, can the make him pay me all at once or what? Help me please!:confused:


Back child support is a "priority" claim and must fully be paid through the Chapter 13 Plan. If the Plan does not provide for payment of the back support you need to file an Objection to the Plan. See 11 USC 1322(a)(1) and 11 USC 507(a)(1) which makes the claim a FIRST priority, even ahead of payment of the Debtor's attny through the Plan. You also need to make sure you file a timely PRIORITY Proof of Claim.

If the debtor fails to make the going forward support payments, you can file a Motion to Dismiss the case under 11 USC 1307(c)(11).

You are in the driver's seat as it relates to Domestic Support Obligations. However, you cannot attempt to collect the back support outside of the context of the bk. You may want to check with your State's Child Support Enforcement Division to see if someone can assist you in this matter.

Des.


Submitted by despritfreya on Thu, 10/18/2012 - 12:21

despritfreya

( Posts: 175 | Credits: )