Legal Question in Bankruptcy in Illinois

bankruptcy and child support

I am currently taking my ex-husband back to court for non-payment of child support. Since he has been served, he has filed for a change of venue and also filed for bankruptcy listing me as a creditor. Does a bankruptcy hearing put a contempt of court hearing for child support on hold ?


Asked on 4/11/07, 12:43 pm

1 Answer from Attorneys
Terrance Leeders Leeders Law

Re: bankruptcy and child support

Child support is nondischaregable in bankruptcy. With the law change a few years ago, Child support recipients are now entitled to notice of bankruptcy. If he is doing Chapter 13, then the amount owed would be paid thru the plan. If any assets are liquidated, then the court will pay child support as a priority from the proceeds. You should speak to your family law attorney to make sure you protect your claim.

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Answered on 4/11/07, 2:36 pm


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