Bankruptcy and child support

[tpnorrid]

What is the name of your state?What is the name of your state? NEBRASKA

My ex filed Chapter 13 bankruptcy and the child support has stopped. I know he is still liable for all of the child support, but is he obligated to pay while his bankruptcy is active?

 

[stealth2]

I believe so.

 

[tpnorrid]

I believe so.

I have been told by CSE that his wages cannot be garnished while his bankruptcy is active. CSE received a couple of payments from his employer before they stopped taking them out. CSE sent the payments to him. I want to know if I should take him back to court, since he is in comtempt if he still is required to keep up his child support even with the active bankruptcy?

 

[I AM ALWAYS LIABLE]

I have been told by CSE that his wages cannot be garnished while his bankruptcy is active. CSE received a couple of payments from his employer before they stopped taking them out. CSE sent the payments to him. I want to know if I should take him back to court, since he is in comtempt if he still is required to keep up his child support even with the active bankruptcy?

My response:

There is supposed to be an uninterrupted flow of money from him to you. Therefore, you need to file a Motion for Relief of Automatic Stay with the Bankruptcy court so that his money starts to "flow" again, and then because he didn't voluntarily pay his court ordered support and missed a payment or two, you also take him back to Family court to have him cited for Contempt of Court. He'll be forced to pay, and to spend a couple of days and nights in jail to teach him a lesson.

IAAL

 

[tpnorrid]

My response:

There is supposed to be an uninterrupted flow of money from him to you. Therefore, you need to file a Motion for Relief of Automatic Stay with the Bankruptcy court so that his money starts to "flow" again, and then because he didn't voluntarily pay his court ordered support and missed a payment or two, you also take him back to Family court to have him cited for Contempt of Court. He'll be forced to pay, and to spend a couple of days and nights in jail to teach him a lesson.

IAAL

Thank you so much for that information

 

[Swany]

My response:

There is supposed to be an uninterrupted flow of money from him to you. Therefore, you need to file a Motion for Relief of Automatic Stay with the Bankruptcy court so that his money starts to "flow" again, and then because he didn't voluntarily pay his court ordered support and missed a payment or two, you also take him back to Family court to have him cited for Contempt of Court. He'll be forced to pay, and to spend a couple of days and nights in jail to teach him a lesson.

IAAL

I am doing the SAME exact thing with my ex. He owes $12,000 in back support. I filed the 8 counts of Contempt, however, after the ex filed Chapter 13 (and put the $12,000 on the claim), my attorney now has to file the "Relief from Stay" in order to go forth with the Contempt. According to all laws in California, this does not necessary need to be done, however, my attorney spoke with several Santa Clara County Family Judges about this and they recommend we file the "Relief" first. So, this is just another confirmation that what IAAL says is true. Good luck with it....