Legal Question in Bankruptcy in Illinois

Current child support not being paid after filing bankrupcy

My ex filed bankrupcy 30 days ago and was ordered to pay all current payments (there was a lien on his property for an $18,000 deliquency when he filed, so that is supposed to be included in his bankrupcy payments). The only child support I have only received is the money garnished from his unemployment, which is only $249 from his monthly ordered amount of 1612.40 (and $268.73 of that is repay of his past deliquency). Now he is back to work but with his job (a union boliermaker) he frequently gets laid off before they are able to deduct child support from his check. If I presented that information to his bankrupcy judge at their next court date (the hearing on confirmation and to consider a request by the debtor's counsel for payment is in about two weeks) what would be/could be the consequence? And will they remove the $268 deliquency repayment from the monthly payment because it will be handled through the bankrupcy?


Asked on 10/10/07, 9:28 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Current child support not being paid after filing bankrupcy

How is the child support treated in the plan? Is he supposed to pay you directly or through the plan. If through the plan, then you will not see that money until the confirmation goes through (assuming he is paying into his chapter 13). If he is supposed to pay you directly, the only interest the bankruptcy court will have is the fact that your ex is supposed to certify he is current on support when he tries to complete his plan. If he isn't current, you want to make sure the court knows, because he can't get his discharge if he still owes arrears on child support.

Otherwise you need to enforce it through state court.

It is important to review the plan and make sure whether you will be paid directly or through the trustee as the trustee does not disburse funds until the confirmation order is entered.

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Answered on 10/12/07, 2:20 am


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