Hello: I am practicing family law and bankruptcy Attorney.
Your State Court Judge is not correct on her understanding of the Automatic Stay. The Automatic Stay does prevent the issuance of Temporary Orders with regard to Domestic Support Obligations, which include Alimony and Child Support. See 11 U.S.C. Section 362(b) and Section 101 subsection 14(A):
"(b)The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970, does not operate as a stay—
under subsection (a) of this section, of the commencement or continuation of a criminal action or proceeding against the debtor;
(2)under subsection (a)—(A)of the commencement or continuation of a civil action or proceeding—(i)
for the establishment of paternity;
for the establishment or modification of an order for domestic support obligations;
concerning child custody or visitation;
for the dissolution of a marriage, except to the extent that such proceeding seeks to determine the division of property that is property of the estate; or
regarding domestic violence;
of the collection of a domestic support obligation from property that is not property of the estate;
with respect to the withholding of income that is property of the estate or property of the debtor for payment of a domestic support obligation under a judicial or administrative order or a statute;
of the withholding, suspension, or restriction of a driver’s license, a professional or occupational license, or a recreational license, under State law, as specified in section 466(a)(16) of the Social Security Act;
of the reporting of overdue support owed by a parent to any consumer reporting agency as specified in section 466(a)(7) of the Social Security Act;
of the interception of a tax refund, as specified in sections 464 and 466(a)(3) of the Social Security Act or under an analogous State law; or
of the enforcement of a medical obligation, as specified under title IV of the Social Security Act;"
"(14A) The term “domestic support obligation” means a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law notwithstanding any other provision of this title, that is—
(A)owed to or recoverable by—(i)
a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or
a governmental unit;
in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child’s parent, without regard to whether such debt is expressly so designated;
(C)established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of—(i)
a separation agreement, divorce decree, or property settlement agreement;
an order of a court of record; or
a determination made in accordance with applicable nonbankruptcy law by a governmental unit;..."
However, his wages cannot be garnished without the permission of the bankruptcy Court since he would need the wages to fund his Chapter 13 case. If you need to get permission from the bankruptcy Court, you would do it by filing Motion for Relief from the Automatic Stay. However, the State Court Judge must first issue the Temporary Orders before you can go after him and the Automatic Stay does not prevent him from issuing the Orders. You can print the law for her.
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