Will the automatic stay prevent the child support payments from being taken from ex checks if he files bankruptcy? 12 Answers as of December 17, 2013

My ex-spouse has his paycheck garnished every two weeks and spousal and child support is automatically taken out and then paid to me. He has now filed for bankruptcy. I know that the support is not dischargeable, but will the automatic stay prevent the payments from being taken from his checks now?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Daniel J Winter
Law Offices of Daniel J Winter | Daniel J Winter
No the bankruptcy automatic stay will NOT stop the child support payments from coming out of the father's paycheck. As you correctly said, child support payments are not dischargeable in bankruptcy. The Bankruptcy Code allows child support and alimony payments to continue to be deducted from any paycheck.
Answer Applies to: Illinois
Replied: 12/17/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If the child support agency was given notice in the bankruptcy then they are supposed to stop the garnishment during the bankruptcy, but when your bankruptcy is done, that full amount will be considered in arrears.
Answer Applies to: New York
Replied: 12/17/2013
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
No, the automatic stay does not apply to the garnishment of paychecks for current child support obligations.
Answer Applies to: Oregon
Replied: 12/17/2013
Hayward, Parker, O'Leary & Pinsky, Esqs.
Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
Code 362 (b)(2)(C) specifically removes domestic support obligations from the purview of the automatic stay. The payments will continue to be deducted from his pay check.
Answer Applies to: New York
Replied: 12/17/2013
Robert S. Payne, Utah Bankruptcy Attorney
Robert S. Payne, Utah Bankruptcy Attorney | Robert S. Payne
No. The automatic stay should not affect the child support garnishment from his paychecks.
Answer Applies to: Utah
Replied: 12/17/2013
    OlsenDaines, PC
    OlsenDaines, PC | Kristoffer Sperry
    The filing of a bankruptcy does not stay the collection of domestic support obligations like you've described.
    Answer Applies to: Idaho
    Replied: 12/17/2013
    Rhymer Law Firm
    Rhymer Law Firm | William Rhymer
    Usually not. When the bankruptcy law changed in 2005 it added provisions to continue to allow Child Support Recovery Services to deduct the payments in spite of the bankruptcy filing.
    Answer Applies to: Georgia
    Replied: 12/17/2013
    Idaho Bankruptcy Law | Paul Ross
    No. At least in Idaho Child Support continues to come from an individuals pay. Now if he is behind on his payments, the extra garnishment to catch him up will usually stop, but just while the bankruptcy is open.
    Answer Applies to: Idaho
    Replied: 12/17/2013
    OlsenDaines | Rex Daines
    The automatic stay prevents all collection action for all pre-bankruptcy debt. If he files a bankruptcy in December, then the January child support payments is a post-bankruptcy debt and can be garnished like normal. Garnishments for past-due support will usually stop during the bankruptcy.
    Answer Applies to: Oregon
    Replied: 12/17/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You should continue to receive payments. The automatic stay does not apply to child support.
    Answer Applies to: California
    Replied: 12/17/2013
    Wellman Law LLC
    Wellman Law LLC | Keith A. Wellman
    The automatic stay does not apply to child support.
    Answer Applies to: Kansas
    Replied: 12/17/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney