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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I have a court-ordered child support order. My daughters father

Customer Question

I have a court-ordered child support order. My daughter's father recently filed Chapter 13. I'm being told that he is not obligated to pay the current support amount that is ordered. Is this true and is there some motion that I can file that will make him meet his current obligation?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
With a bankruptcy, the debtor has to cure the arrearage if any thru the case. Nothing stops the current support obligations, and that should be factored into his budget. You can request a copy of the petition and plan from his attorney, and that will show you. You need to file a proof of claim with the court/trustee showing what the past due amounts that need to be paid you are if he is behind. Otherwise, the changes in the bankruptcy law protect you more than they did before, making this obligation a priority.
Terry L. and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you for replying. I do understand that I need to file a proof of claim but I'm not really concerned with the arrears at this time. My main concern is the current support order. I haven't received anything from him in three months and according to Juvenile Court they will not go after him for the current support amount for FIVE years once he completes the Chapter 13. Is this true? Then, what I am supposed to do in the mean time?
Expert:  Terry L. replied 7 years ago.
You need to speak to your family law attorney. The bankruptcy does not suspend any action for child support. The only issue is that all arrears are to be paid thru his chapter 13 case, so the amount owed up to the day he filed will be paid to you by the trustee. Your family law attorney needs to bring him back into court if he is not paying his current support.