Legal Question in Bankruptcy in Florida

Non Payment of Bankruptcy Account

My ex-spouse has child support arrears included in his Bankruptcy case. Since he has stopped payments to his bankruptcy account the Bankruptcy Court has ''dismissed the case for no payments being made to case'' Does this mean he no longer is obligated to pay the arrears or can I pursue other avenues to retrieve payment. State of Florida


Asked on 4/03/02, 6:06 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Non Payment of Bankruptcy Account

You are free to forge ahead and pursue collection.

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Answered on 4/04/02, 4:22 pm
Thomas DeCaro DeCaro & Howell PC

Re: Non Payment of Bankruptcy Account

You can absolutely pursue the payment. The

bankruptcy case was probably dismissed. Anyhow,

you cannot get a discharge of child support in a

bankruptcy. If he has a bankruptcy going or if

he files another one, check with a lawyer about

getting a court order to pursue the payments.

These court orders are routinely granted. If

there is a bankruptcy active, or if the current

bankruptcy was not dismissed, you need the court

order to pursue the payments. You could possibly

be fined for not getting the court order ahead

of time.

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Answered on 4/03/02, 11:04 pm


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