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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My Ex has been paying child support through wage garnishment

Customer Question

My Ex has been paying child support through wage garnishment and has a large arrears balance. he just filed for bankruptcy. I understand child support is not dischargable under the Bankruptcy law, but is there anything I have to file to have it excluded, or is this automatic excluded? And will the garnishment continue throughout the bankruptcy automatically?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 5 years ago.
Hi JACustomer,
Child support payments are automatically excluded from the Bankrutpcy process. The automatic stay does not apply to those payments, and they continue in the same manner as if a Bankrutpcy had not been filed. In other words, there is nothing you need to do to continue to receive your child support payments. Bankruptcy Stat. 362(b)(2)(B).

I think this is what you wanted to know. If not, please let me know.
Thank you!
Customer: replied 5 years ago.
Then why did I receive a letter from the child support enforcement agency saying that "this agency can take limited enforcement actions on your account" until the bankruptcy is completed?
Expert:  cfortunato replied 5 years ago.
I don't know how child enforcement agencies operate. I will opt out of this question so that someone else can help you further.

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