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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26871
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Ex filed bankrupty on child support.How do I collect that money?

Customer Question

Ex filed bankrupty on child support.How do I collect that money? Which was not a dischargale debt. Now having State handling child support ,instead of hiring attorney. Have upcoming support hearing on arrears
Submitted: 1 year ago via ChildSupportLaws.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : As you know, child support is not dischargeable in bankruptcy, so the filing should have no affect on the money you're due.
Kirk Adams : Thus, you should be able to collect this through the state.
Customer:

But, no one seems to want to persue this matter. I was told Child support enforcement won't

Customer:

It was attorney fees he areed to pay for arrear on supprt and medical

Customer:

sorry agreed

Kirk Adams : If this is an arrearage - money that should have already paid, you could file a motion to hold the parent in contempt of court with the court that made the original order. The court can fine or even jail the parent until the arrearage is paid.
Customer:

Here's biggest prob... He more than likely won't show I already have a warrant for his arrest out, for contempt. He's employed by the Federal Gov't.

Kirk Adams : If he doesn't show, you should be a me to get a default and then garnish his wages for the amounts due.
Kirk Adams : Usually, the AG's office will assist in collecting these debts. It's hard to understand their unwillingness to help.
Kirk Adams : Sorry - you should be able to get ....
Customer:

I was told they can only assist in support matters. But, I have thought about bring that paper along with the unpaid medical and trying to get them to understand. To me it's not chump change.$5981 legal,4061 arrears, 1000 med. If they can't can I ask for judge to see?

Kirk Adams : Usually, these expenses are considered to be a part of child support.
Kirk Adams : If not in your case, you can file a motion for contempt of the order before a judge from the court where the order was entered.
Kirk Adams : If he fails to appear, then you should be granted a judgment by default. Once you have that, you can garnish his wages to recover the amount due.
Kirk Adams : A judge is going to enforce the order/decree, so you should get a favorable result.
Customer:

Yes I know this. It also will help knowing original family court judge won't be on the bench. He's currently not allowed on the bench there. He's part of the reason why this has been such a mess

Kirk Adams : Yes, then that should help you too!
Customer:

YES 10 years of my ex not complying

Kirk Adams : The order must be enforced and followed, and if it is not, then he should be held in contempt.
Kirk Adams : The good news is that if he's employed, you should be able to garnish him for be amounts due.
Customer:

Gainfully by the fed gov't

Customer:

I'll just bring everthing with and hope for the best.

Kirk Adams : Then, there should be an ability recover these funds once you get a judgment.
Customer:

ok thanks

Kirk Adams : You should be in good shape if he's in obvious violation of the order.
Kirk Adams : Sure. Glad to help!
Kirk Adams : Thank You for allowing me to assist.
Roger, Attorney
Category: Legal
Satisfied Customers: 26871
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 10 other Legal Specialists are ready to help you
Expert:  Roger replied 1 year ago.
If you need anything further, please let me know.

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