Legal Question in Bankruptcy in Michigan

bankruptcy and child support arrearage

I just received notice of Chapt 13 bankruptcy, filed by father of my 16yr old daughter, listing me as a creditor for child support. It states if I believe the debt owed to me is not dischargable under Code 523, that I must start a lawsuit. This man has tried every way possible to get out of paying child support for the past 15 yrs, and just started paying 2 years ago. Then he only pays, when the FOC puts out a bench warrant. I have no income to hire an attorney, I am a Realtor, just barely surviving in the MI market, and my daughter has several medical problem, so I have high med expenses. Much of his arrears are medical expenses for which he is ordered to repay me 2/3 of. Do I have to do anything in response to this notice? And if I don't do anything, can they disharge this debt? Would the Friend of Court handle this? Please advise.

Thank you for your assistance.


Asked on 9/25/08, 9:21 pm

3 Answers from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: bankruptcy and child support arrearage

He cannot discharge a child support arrearage no matter what. I would suggest you follow the information on the notice and go to the court's website and fill out the appropriate form to dispute the claim, and/or contract the trustee's office. The FOC should be able to help you as well.

in a chapter 13, debts are not discharged, they are put into a 5-year repayment plan, but with child support, it should be different, as this is a non-dischargeable debt under any circumstances, just like taxes.

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Answered on 9/29/08, 12:12 am
Jerrold Bartholomew Priority Elder Law and Estate Planning, PLC

Re: bankruptcy and child support arrearage

He has special obligations to the chapter 13 trustee and his attorney must provide notice to the friend of the court. You should contact the foc for some help.

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Answered on 9/25/08, 9:25 pm
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: bankruptcy and child support arrearage

It is not true that debts are not discharged in a chapter 13. They are in face discharged. However, your ex is going to have to get current on child support in order to get the discharge. It does not have to be a 100% plan, nor does it have to be 5 years if he makes less than the median income for the state. You should file a proof of claim and possibly consult a bankruptcy attorney about objecting to the plan if the plan does not provide for full payment of the arrearages.

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Answered on 10/01/08, 4:56 pm


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