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Albert Marmero
Albert Marmero,
Category: Family Law
Satisfied Customers: 197
Experience:  Partner at Long, Marmero, & Associates, LLP
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I received letter for bankruptcy chapter 13 father of my

Customer Question

I received letter for bankruptcy chapter 13 father of my children is try to file child support. Can you please tell me what I need to do. He is behind payment chill support. Can he add this to chapter 13
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
Can a deadbeat father add child support to chapter 13 bankruptcy?
Expert:  Albert Marmero replied 11 months ago.

Can you describe what the letter says? However, regardless of the letter, there is not much to worry about as bankruptcy will generally not affect child support. Although bankruptcy erases most debts, existing child support obligations are not among them. This means that the parent filing bankruptcy is still on the hook before, during and after the bankruptcy. But if a parent owes back child support, filing for bankruptcy may help him catch up. So, if he owes back support, the bankruptcy court may allow him more time to catch up. So if a parent is past-due with child support payments, filing for bankruptcy may provide some breathing room -- an automatic stay goes into effect the moment a bankruptcy petition is filed, effectively barring creditors from engaging in collection activity while the bankruptcy is underway. Thus, wage garnishments for arrears and other collection measures stop. If a past-due parent filed for Chapter 13, the repayment period enables him to catch up on unpaid child support in a structured way over time. But again, in no way will bankruptcy reduce the amount of child support he must pay, or in any way discharge the child support obligation.

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