Legal Question in Family Law in Pennsylvania

child support with bankruptcy

My childs father and I seperated 3 years ago. There is a court order for support in the amount of $130.00 wk. plus $20.00 arrears = $150.00 a week. After a year of a few payments here and there he claimed a chapter 13 bankruptcy owing aprox. 3 thousand dollars in child support. Since that time the only monies we have gotten is from his income tax refunds. He now owes $11,600.00. I have called domestic relations several times...a few conferences which he never showed up for half of them and the few times he did, he talked his way out of it, even to a judge. Domestics tell me they are not sure what to do because of the bankruptcy going on. I am at my wits end and almost ready to give up on any support. Can this be? He will not have responsibiality for his child? He is an auto machanic and has no permanent place of enployment he does his work ''on the side''. Can this be? He can get away with this? any ideas would be appreciated............Thanks,--name removed--


Asked on 12/08/05, 8:00 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: child support with bankruptcy

They might want to look at 11 section 523 Exceptions to discharge. Which list the sort of debt not discharged (forgiven) Under (a)(5) which lists alimony or support.

So he can NOT get rid of any child support obligations.

I'm suprised that they don't know this cold.

By the way in Dauphin county if it came up before the judge she would suggest Very strongly the he get a job.

Up in your part of PA I can't say.

Feel free to contact me if you have any questions.

{John}

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Answered on 12/08/05, 8:24 pm


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