Bankruptcy's Effect On Child Support Lawyers
Bankruptcy's Effect On Child Support
In situations where spouses get divorced and a court issues an order requiring the husband (or wife) to pay child support, the husband may later find himself unable to make these payments. Typically, he will respond by filing for consumer bankruptcy, which is likely to have an effect on his child support obligations.
Can My Ex-Husband's Bankruptcy Petition Discharge His Past Due Child Support Obligations?
Filing for bankruptcy protection will not allow your ex-husband to discharge any past due child support obligations. However, a bankruptcy petition will automatically stop any collection activities on a child support order (called a "bankruptcy stay"). The result is that child support cannot be collected from your ex-husband until the stay has been lifted by a court.
Are There Types Of Cases Unaffected By A Bankruptcy Stay?
A bankruptcy stay does not affect paternity cases or cases seeking orders (or modification of orders) concerning alimony, maintenance, or support from property that is not property of the bankrupt estate.
My Ex-Husband Owes Me Child Support And Has Filed For Bankruptcy - Do I Need An Attorney?
Even though your ex-husband's bankruptcy case may not have any long-term effect on child support payments - and may even make it easier for him to make them (because he will not have as much other debt) - it will complicate enforcement in the short term. Since there are legal procedures that must be followed in order to lift the stay regarding the child support payments, it is recommended that you hire an attorney who has expertise in bankruptcies.
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Last Modified: 11-14-2013 12:01 PM PST
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