Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Question: “I live in Louisiana and have filed for back support. After the judge said my ex had to pay $13000 in back support he filed bankruptcy. An income assignment was sent to his job but I was told that they will not garnish his check for current or back support. I have not heard anything from the bankruptcy court so far. What am I supposed to do?”
Answer: You should file a proof of claim against your ex’s estate. You can download the form HERE. Support obligations are not dischargeable in bankruptcy (see Bankruptcy Code § 523(a)(5) & § 523(a) (15), which you can view HERE), and that means your ex will still owe the money even after his bankruptcy case is over.
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DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.
Question: “What about the current support? He quit paying any of the current child support after filing for bankruptcy. Will the bankruptcy court contact me about the back support? Will the courts that filed my claim of support take the current support out of his check? An income assignment was sent to his work.”
Answer: Generally speaking, a bankruptcy (especially a Chapter 7) will not stop collection efforts with regard to child support. Therefore, , the bankruptcy could act as a stay on collecting the child support. This means that your ex’s paycheck can still be garnished despite filing for bankruptcy. As for the arrears, you will receive a communication from the court once you file the proof of claim. As I stated, the arrears will not be discharged.
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