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    Default Child Support Arrearage Reduced To Judgment

    When child support arrearages are reduced to a judgment after the children are past the age of majority, can the arrearage be dismissed in bankruptcy or the interest from the bankruptcy? The bankruptcy occurred in Kentucky and in 2004.

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    Default Re: Child Support Arrearage Reduced To Judgment

    Quote Quoting Tired and Broke
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    When child support arrearages are reduced to a judgment after the children are past the age of majority, can the arrearage be dismissed in bankruptcy or the interest from the bankruptcy? The bankruptcy occurred in Kentucky and in 2004.
    Was the 2004 bankruptcy discharged?

    Was the CS judgement included in the 2004 bankruptcy?

    When was the CS judgement entered, before or after the bankruptcy filing in 2004?

  3. #3

    Default Re: Child Support Arrearage Reduced To Judgment

    The child support was listed with the interest included in the total for the judgment. The bankruptcy attorney stated on our documents that "all that could be discharged was" referencing all of our debts. It does not specifically state any one item has having been discharged. Our attorney and her attorney said that the child support itself is not dischargeable and no one seems to know if the interest can be. The interest is 3 times the amount of the child support.

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    Default Re: Child Support Arrearage Reduced To Judgment

    Quote Quoting Tired and Broke
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    The child support was listed with the interest included in the total for the judgment. The bankruptcy attorney stated on our documents that "all that could be discharged was" referencing all of our debts. It does not specifically state any one item has having been discharged. Our attorney and her attorney said that the child support itself is not dischargeable and no one seems to know if the interest can be. The interest is 3 times the amount of the child support.
    Typically when CS arrears, including interest is reduced to a judgement it can be discharged in bankruptcy. You're really going to need a knowledgeable attorney to fight for you to convince the court that all of the debt was discharged.

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    Default Re: Child Support Arrearage Reduced To Judgment

    I suspect this answer is predicated on the date of discharge, which is prior to the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.

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    Default Re: Child Support Arrearage Reduced To Judgment

    I noted that when this question is asked by the person owed the arrearages, she is told it IS dischargeable in BK. When I ask the same question, when it is my husband that owes (a created) arrearage, we are told, "Nope. Not at all."

    Is the advice here meted out according to how the posters feel about the situation? Since this woman is owed the money she is told to NOT make it a judgment so she can squeeze every bloody penny out of her ex, maintaining his being in her life for longer, refusing to allow him to move forward in life without her.

    When it is the person owing the money, by all means, squeeze this turnip for so long as you can.

    I thought the law was supposed to be unbiased? That legal decisions were made based on the equality of the law? Was I wrong?

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