Legal Question in Bankruptcy in Indiana

child support arrears

What is the definition of a liability designated as support but not actually in the nature of support? The reason I ask is because my boyfriend has had custody of his children for two and a half years and his wages are being garnished for child support arrears. The child support was listed on the petition but the garnishment has not been stayed. His attorney told him California (the state enforcing the support obligation) won't recognize the bankruptcy in Indiana. I don't know the exact words he used that is what my boyfriend relayed to me. How could they not recognize it? If they dispute it then they should have to file a complaint like everyone else-- I think so anyway but I'm no expert. If the judge discharges it, don't they have to recognize an order from a federal court? Also, if this garnishment should have been stayed, how does he go about getting paid back if the judge discharges the debt?


Asked on 10/19/04, 7:27 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: child support arrears

First there is a presumption that a child support wage garnishment is for child support. There has to be a petition filed with the bankruptcy court to determine what the actual nature of the debt is and whether it is dischargeable or it will always be treated as child support. You need to see the bankruptcy attorney to file the petition to determine dischargeability.

Read more
Answered on 10/20/04, 11:05 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Indiana