Can his ex-wife is taking him back to the Juvenile Court for an increase in his payments after filing chapter 13? 7 Answers as of August 22, 2016

My husband recently filed a Chapter 13 and his child support arrears, which he has never fallen behind on, was included in the filing. I would think that the bankruptcy court has jurisdiction and the filing is not proper. Also, his daughter is 25 and lives in another state. He is only paying the remaining arrears, not current support.

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Ronald K. Nims LLC | Ronald K. Nims
Child support arrears are a debt which falls within the bankruptcy. If you notify the divorce court of the Chapter 13, it will immediately stop any action.
Answer Applies to: Ohio
Replied: 8/22/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Anything that is "in the nature of support" is property brought up the family law court.
Answer Applies to: California
Replied: 8/10/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
Regrettably, matters in family court relating to child support are not protected by the filing of a Chapter 13. But I have to wonder why your husband has child support arrears if he has never fallen behind on. Child support arrears is, by definition, an admission that the child support payments are NOT current and are behind.
Answer Applies to: Nevada
Replied: 8/10/2016
Stephens Gourley & Bywater | David A. Stephens
She probably can, but it would be unusual in that his plan probably covers paying the existing child support debt.
Answer Applies to: Nevada
Replied: 8/10/2016
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
One can not bankrupt out on child support, current or arrearages.
Answer Applies to: Washington
Replied: 8/10/2016
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