Legal Question in Bankruptcy in New York

my ex filed chapter 13 will this afect my court ordered child support? HERES WHAT THE LETTER SAYS, I am the trustee in the case of-------- filed on aug 20, 2009 in the united states banruptcy court. Information provided to me as a trustee indicates you may be owed money by the debtor for a domestic support obligation. If this domestic support obligation includes child support, you have the right to ask your state child support enforcement agency to assist you in collecting this child support during and after the bankruptcy case. thank you hope you can anwer. does this mean he can stop paying a court order child support payments?


Asked on 9/26/09, 5:32 pm

1 Answer from Attorneys
Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Innocent spouses are protected in bankruptcy proceedings. Accordingly, Domestic Support Obligations, also known as "DSOs", which include child support, cannot be discharged in a bankruptcy proceeding.

You may also be in luck because a Chapter 13 debtor is required to pay the full amount of DSO arrears during the period of the Chapter 13 bankruptcy plan. In addition, when it comes to child support, you also have rights outside of the bankruptcy, since the bankruptcy stay does not apply to actions for child support.

If your ex fails to pay child support, you would have grounds to seek dismissal of his case, because he is obligated to stay current with DSOs during his Chapter 13 case.

Finally, most Chapter 13 trustees will pay DSOs in full before they make any payment to unsecured creditors. That means that even though the Chapter 13 plan could be 60 months, you might be paid in just 12.

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Answered on 10/01/09, 6:48 pm


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