Legal Question in Bankruptcy in Georgia
Bankruptcy vs. Child support
My Ex Husband recently filed for Chapter 13 Bankruptcy. Will this affect his paying me the child support? He gets the child support amount deducted from his pay and it goes through the state of Ga. and I get it directly deposited into my checking account.
Please help.
Thank You,
1 Answer from Attorneys
Re: Bankruptcy vs. Child support
In a perfect world, it would not affect your payments as the law will not allow him to discharge support payments or to stop paying. In reality, bankruptcy sometimes causes glitches and/or delays as the ex-husband, his lawyer, the trustee and the employer sort things out. An initial glitch (perhaps a late payment that first month) is not a reason to worry too much, but be diligent in reading his bankruptcy paperwork to make sure your debt is listed properly, and do not hesitate to call the Chapter 13 trustee. If it turns into more than just an initial delay that first month, you may start thinking about having a lawyer look into it if you don't get good answers. Your legal fees may be recoverable. Don't let it go two or three months or more before doing something.
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