Legal Question in Bankruptcy in New York

Re: commissioner of taxiation

Child support and other domestic support obligations are non-dischargeable (i.e., don't get "wiped out") in a personal bankruptcy filing.

Please visit the Frequently Asked Questions (FAQs) on our website at www.starrandstarr.com/faqs for more info. about personal bankruptcy issues.

Best regards,

Re: commissioner of taxiation

Back taxes may occasionally be discharged in bankruptcy depending on the circumstances. As to back child support, it's pretty much a cold day in hell before that debt gets discharged. There are limited circumstances whereby back child support debt can get discharged, but those circumstances don't arise often.

You do, though, need to have a lawyer on your team to protect your rights if your ex does file for bankruptcy protection, since it is very possible for someone who does not know the law to get royally screwed. Your ex's lawyer would have a conflict of interest, so s/he's out; the court folk cannot give legal advice (though they're great with procedural help), so they're out. If you can't afford to retain a lawyer, every county in NY State has a Legal Aid Society branch, which provides no- or low-cost help to those who would otherwise be unable to access the civil legal system due to the expense. Hire someone local to you with whom you feel comfortable.

Good luck; it'll be a battle, but you're definitely not dead in the water if he files for bankruptcy protection.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.