Legal Question in Bankruptcy in Indiana

Back child support owed

My ex-husband has filed for bankruptcy. He owes past due child support. I was not aware of the filing until after the meeting of creditors. I have filed a claim with the bankruptcy court and have not heard anything else. How is child support handled?


Asked on 7/28/99, 2:21 pm

2 Answers from Attorneys
Susan Freiman The Legal Clinic

Re: Back child support owed

The debt for child support will survive the bankruptcy. For the present, you are probably prohibited from taking action against him to collect on old child support, although he must continue to make current payments.

I suggest you write to the trustee and see whether you can expect to receive anything from the bankruptcy.

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Answered on 7/29/99, 4:24 pm
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Back child support owed

I agree with Mr. Coffey. Child Support and Alimony are not dischargeable. You could file a contempt action against your ex. Could you imagine how many people would file for bankruptcy to avoid paying alimony or child support if that were the case? Good Luck.

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Answered on 7/29/99, 6:45 pm


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