Legal Question in Bankruptcy in West Virginia

bankrutcy on child support

i am taking care of my sister who i got custody of and both parents pay child support my mother filed bankructy on the arrears to family but it is still coming out of her check but child support has it on hold i am needing the support now and the bankrupcy is new and i have had 120.00 a month taken from me because of what my mother did i am just wanting to know if there is any way i can get the support that is owed to me before the bankrupcy is discharged in 7 yrs because she will be 24 before i get what is owed to me and she will not need it then yeah it will be a nice check but when i get it but i need it now i am raising her daughter because she choose her husband that beats on her child over my sister and that is why she is with me i have played by the rules but i am getting sick of getting screwed by her all she does is hurt her kids and this time i hope she gets what is coming to her and has to pay the money help if u can i need answers on how i can get the money that is owed to me for my sister now not 7 yrs from now thank u Jennifer


Asked on 11/21/08, 6:58 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: bankrutcy on child support

Child support is not discharged in bankruptcy. Filing of bankruptcy does impose an automatic stay which prohibits creditors from attempting to collect debt. The stay is lifted when a Chapter 7 is discharged (about 5 months) or lifted upon request. I do not think that the stay applies to domestic cases. If some agency is holding up money, you can apply to the bankruptcy court for an order to release the funds. It can be done with a letter to the court. In addition, the 2005 amendments require the Chapter 7 trustee to pay domestic support obligations out of any estate he administers. The better practice is to hire a bankruptcy lawyer to do so. You should be able to secure the services of a bankruptcy lawyer with payment to be made from the funds when received.

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Answered on 11/24/08, 9:27 am


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