My daughter's ex-husband has filed bankruptcy chapter 13 can he include the child support he pays in the bankruptcy? 17 Answers as of July 17, 2013

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Law Office of Thomas C. Phipps | Thomas C Phipps
He has to include all of his debts. He cannot get out of paying child support.
Answer Applies to: Missouri
Replied: 7/17/2013
A Fresh Start
A Fresh Start | Dorothy G Bunce
Most Chapter 13 Trustees will require that the ongoing payment & the arrearages get paid through the plan because they don't trust the Debtor's to do so voluntarily.
Answer Applies to: Nevada
Replied: 7/16/2013
Stephens Gourley & Bywater | David A. Stephens
He can, but he must pay off all arrearages as part of the bankruptcy and pay the current payments too.
Answer Applies to: Nevada
Replied: 7/16/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, that is an expense that should be included.
Answer Applies to: New York
Replied: 7/16/2013
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Child support is a non dischargeable priority debt that must be paid even if the person that owes the support has filed bankruptcy. So your daughter will absolutely receive her child support.
Answer Applies to: California
Replied: 7/16/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    Child support can never be discharged in bankruptcy. In Chapter 13 he can set up a plan to pay off the pre-filing child support arrears. Back child support is a "priority" debt that must be paid in full through the Chapter 13 plan.
    Answer Applies to: Oregon
    Replied: 7/16/2013
    Danville Law Group | Scott Jordan
    No, child support is not a dischargeable debt.
    Answer Applies to: California
    Replied: 7/16/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No he can not - he has to list it. If he owes back support, that will be paid first and he must make the on going payments. He can't get out of it.
    Answer Applies to: California
    Replied: 7/16/2013
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes, he can include back child support in the Chapter 13 payments made by the Chapter 13 Trustee, but he needs to keep future child support payments current.
    Answer Applies to: California
    Replied: 7/16/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    The person obligated to pay child support must do so, whether in bankruptcy or not.
    Answer Applies to: Arizona
    Replied: 7/16/2013
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    No. Child support and spousal maintenance (alimony) cannot be discharged in bankruptcy.
    Answer Applies to: Colorado
    Replied: 7/16/2013
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