Legal Question in Bankruptcy in Kentucky

My ex-husband and I have been divorced for 5 years. We have a court order establishing monthly child support amount and dates to be received. I have never received child support as ordered as he is self-employed and they cannot garnish his wages. I have had to file the felony flagrant non-support action against him two times in the past when he was several thousand dollars in arrears. He is once again in arrears of approx. $7,000. Approx 1 year ago he took me to court to have child support reduced, his request was denied. I haven't filed another felony action against him as I am trying to be nice and avoid him going to jail. He is now talking about filing bankruptcy with his new wife. Can he include this child support arrearage and have discharged in his bankruptcy proceeding filed in the state of KY? From what I have read on-line it seems child support cannot be discharged in any state. Please confirm.


Asked on 9/09/09, 8:14 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Child support is not dischargeable in bankruptcy no matter what state it was ordered from. However, if he files bankruptcy, it would be a good idea to file a claim and also contact the trustee in the case and see if he is inclined to help you pursue the arrearage (some do, some don't). It may help you get the arrearage without the threat of jail time.

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Answered on 9/15/09, 7:58 am


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