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, 2013My 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?
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
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
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