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How to preserve a judgment for overpaid child support in a

chapter 13 bankruptcy? I have a...
How to preserve a judgment for overpaid child support in a chapter 13 bankruptcy?

I have a hearing for child support modification and my son's Mother is now saying she will be claiming Cp 13 bankruptcy. I know that she is waiting to file so that she can claim the debt she will owe to me as overpaid child support as a dischargeable debt - as well as any legal fees / costs I will be awarded. She is UNLIKLEY to be ordered to pay me Arrears, more than likely we will be ordered $0 support. The overpayment is just a civil judgment - not a support obligation.

Is there anyways for me to preserve the judgments (if any) will get against her in her bankruptcy? She owes me about $6,000 in overpaid support.
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Answered in 2 minutes by:
6/18/2013
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Tough situation here.

Terry L. :

Your claim is preserved until the case is discharged at the end of the chapter 13 case.

Terry L. :

If the case gets dismissed, any unpaid amounts would be due again, for which you can collect.

Terry L. :

Since the debt is unsecured, she can possibly pay this back pennies on the dollar.

Terry L. :

It will all come down to her assets/exemptions and her monthly and 6 month budget analysis.

Terry L. :

You will be paid pro-rata with all other unsecured creditors.

Terry L. :

You can try to collect beforehand, and that could help.

Terry L. :

Since this isn't in the nature of support (repayment of the overpayment) it doesn't fall under the domestic support obligation rules in bankruptcy. If you have joint custody, you can ask the court to award the overpayment back to you and ask that they classify it as domestic support obligations. Only then would you be entitled to 100% of the claim in her potential bankruptcy.

Terry L. :

You should discuss that with your family law attorney to see if that could be a possibility.

Terry L. :

Thanks for your question, good luck

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,910
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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