Legal Question in Bankruptcy in Montana

Child Support

If my exhusband is behind in child support can he file chapter 7 bankruptcy for the amount he is behind? If so is there anything that I can do to stop it?


Asked on 10/31/05, 10:15 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Child Support

Bankruptcy does not discharge child support. It could free up income from other debt to allow payment of child support. You cannot prevent a bankruptcy from being filed. There are limited circumstances where you could object to the discharge of a debt or discharge of the debtor for such things aa fraud or not being honest in disclosing assets. The code is automatic with regard to the non-dischargeablity of child support. Child support is a judgement entitlement. An abstract of the judgement or a copy of the court order of child support should be recorded. The debt becomes an enforcable lien on real estate.

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Answered on 11/01/05, 7:47 am


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