i have a question for anyone who has dealt with this or someone that is in the law field. i am totally confused!!
my ex is behind in child support right now. he just filed chapter 13 . i get a letter stating that he did and i may be owed because of the arrears in child support. this was literally days before we were due back in court for no support being paid in a while. anyways, would it better if i filled out the claim for what he owes or just keep taking him in on my own? i really have no clue what this all means, alll i have gathered is that it cannot be discharged and that he would have to make payments. but is that payments to me via the trustee, or would i get a lump sum and he would have to pay it back to them????? or is it that i cant go after him for support while this is going on or what? any help you guys can give me would be of great help. i really dont have the money to go get an attorney for this, but maybe i should. i just dont know.

thanks so much--sara

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mom_2_5 , and baby makes 6
Dallas James, born 5-21-03

If you get paid thru the bankruptcy he will pay the trustee X amount of $$ every month that the trustee will pay to his creditors, including you. You don't get a lump sum,from the trustee, that he then has to pay back.

If you have a court date that is soon, I think I would go ahead and keep it and bring any of the bankruptcy paperwork that you get to show the judge.

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Insanity laughs under pressure we're cracking

Child support is NOT exempt from bankruptcy, you will still receive your full payment. You don't need to worry about it, the court is just required to notify you. I know this from experience, as my husband and I filed for bankruptcy, and pay child support to his ex-wife. It has no effect at all. Don't know where you live, but CS should be coming out of his check, as well as IRS taxes being seized for backpay.

Yep. What she said.

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