Legal Question in Bankruptcy in Illinois

child support and ch. 13

My ex filed ch. 13 on $4600. in back child support in '06, he listed he was paying outside the plan which he was not, currently owes over $7,000. In march '07 dismissed due to non-payment how long does he have before he can refile? and could I prevent being a creditor by taking him back to court for child support arrears?


Asked on 5/01/07, 10:02 am

2 Answers from Attorneys
Terrance Leeders Leeders Law

Re: child support and ch. 13

Good news and bad news.

Good news is that Child support and domestic support obligations are non-dischargable in bankruptcy.

Bad news is that you would have to file a claim when he refiles the case. You could also file an objection to his plan if he wants to pay you 'outside' the plan. Back to the good news: with the law change in 2005, Child support and domestic support obligations are paid as a priority in a case, so you would get your money sooner than later if paid thru the plan.

Hopefully he will re-file so that you can get paid. Good luck

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Answered on 5/01/07, 11:36 am
Richard Sexner Law Offices of Richard E. Sexner

Re: child support and ch. 13

He can file again the next day. Child support debt is still a type of debt dealt with in the Chapter 13. If you want your rights defended in the bankruptcy court you should have legal representation.

Richard E Sexner

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Answered on 5/01/07, 3:47 pm


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