Legal Question in Family Law in California

Exemption by 703.140 (b) (1) Bankruptcy

What can happen to someone if they claim exemption for not paying back support by claiming they are going to file bankruptcy? To date they have not filed bankruptcy according to the Bankruptcy ''New Filers'' department. Can they be charged with Bankruptcy Fraud?


Asked on 2/20/02, 4:28 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Exemption by 703.140 (b) (1) Bankruptcy

First, people who file bankruptcy still have to pay support. Second, no, they cannot be charged with bankruptcy fraud if they didnt file bankruptcy. however, if they lied on some other official form there might be a crime depending on the form and what was written.

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Answered on 2/20/02, 4:55 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Exemption by 703.140 (b) (1) Bankruptcy

I don't understand your question. There is not an "exemption for (or from) not paying back child support" and child support is not dischargeable in bankruptcy and it not affected by the automatic stay. Child support is collectable forever and whenever, if there are assets that can be executed against. I think someone is trying to snow you. If you are having difficulty collecting child support, consult an attorney concerning your collection options. Good Luck, Pat McCrary

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Answered on 2/23/02, 1:46 pm


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