Legal Question in Family Law in Indiana

child support

My ex husband is behind 2500.00 in support and has now filed bankruptcy and tells me he included the support. Can he do this?


Asked on 9/25/08, 5:52 pm

1 Answer from Attorneys

Re: child support

That depends on what kind of bankruptcy he filed. If he filed a chapter 13, he can include the child support. However, it is considered to be a priority claim and must be paid in full. The debt is not discharged, rather, he can extend paying the arrears over the period of the plan whcih can be as long as five years if I recall.

If he filed a chapter 7, he can not include child support in that.

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Answered on 9/25/08, 9:45 pm


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