Legal Question in Bankruptcy in Connecticut

child support

I have obtained a wage garnishment order for the final amount of past due (25 years) child support. When the garnishment was served the employer sent one payment and then notified the state collection agency that my ex has filed for a Title 13 bankruptcy and, therefore, cannot execute the order. How do I obtain a ''non-exemption'' order for the debt and who do I notify of this debt? The last papers we sent were not accepted by his attorney or himself. My ex resides in Louisianna and his attorney is aware of this siuation. Will this garnishment or, debt be acknowledged by his attorney or trustee? I want to make sure he does not discharge this debt as it is quite old. Also there is no way he can say that this debt to me would be more of a hardship for him than it would be for me as he is well employed. Thank-You very much.


Asked on 6/01/01, 2:17 am

1 Answer from Attorneys
Joel M. Grafstein Grafstein & Arcaro, LLC

Re: child support

I am sorry that I cannot be more help, you really need a lawyer in Louisianna. Under Chapter 13, an obligation owed for Child Support is going to have to be paid in full within the Chapter 13 Plan or else it is nondischargeable under section 1328(a)(2). You should file a proof of claim indicating exactly how much is owed and that it is for unpaid child support. As to how to enforce the order for child support, the answer is a question of local, Louisianna law. I would suggest that you call the Chapter 13 trustee and also post the question for a lawyer under Louisianna law with law guru.

Sorry that I cannot be of more help.

Joel Grafstein, Esq.

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Answered on 7/08/01, 12:18 pm


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