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Chapter 13 and child support arrears

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  • 01-16-2007, 10:41 PM
    baldeagle
    Chapter 13 and child support arrears
    I was wondering if anyone knew how Chapter 13 affects child support arrearages? I live in Minnesota. I have a child with multiple disabilities & her father recently filed this & said he didn't have to pay on his huge arrears for 5 years AND to make matters worse, he said he will NOT pay medical bills (we split 50/50 but they are huge) because he knows they will get put on arrears & he won't have to pay right now. I understand I will get the money someday but I need it now!
    THANKS!:confused:
  • 01-16-2007, 11:00 PM
    aaron
    Re: Chapter 13 and child support arrears
    Child support obligations are not dischargeable in bankruptcy. However a bankruptcy may affect state collection proceedings.
  • 01-19-2007, 10:08 PM
    baldeagle
    Re: Chapter 13 and child support arrears
    Thanks...ex showed up & now he said they changed it to a Chapter 7. Does this change anything??? AND he said he doesn't have to pay on the arrearages for like 5 years??? How is this? I need that money!!! Our daughter has major disabilities & now he is saying that he isn't going to pay any medical bill I send him so it will get sent to arrears & thus he won't have to pay on them for FIVE years? I need the money now, not when my daughter turns 40!
  • 01-20-2007, 07:28 AM
    Just Breath
    Re: Chapter 13 and child support arrears
    Your ex is feeding you a line of BS hoping you won't know the difference. As Aaron said, the bankruptcy only prevents collection efforts, it does not relieve him of his obligation to pay. You should consult a local bankruptcy attorney so that he can ask the Court to include the arrearage and medical expenses (and ask for your attorneys fees) in the Chapter 13 plan. If he truly has converted to Ch 7, there is no "5 year" delay and no repayment plan. He is still obligated for the debt.....he's only protected from judgments for garnishment or other collections efforts while the case is pending....which can be a little as 90 days in a Chapter 7. If you can't afford an attorney retainer, contact your local bar association for a list of attorneys who may be willing to represent you pro bono.
  • 01-20-2007, 07:14 PM
    baldeagle
    Re: Chapter 13 and child support arrears
    Thanks.
    He told me that he doesn't have to pay for 5 years under the chapter 13. He didn't say anything about not paying under the 7. I was just curious if that changes anything. I did contact an attorney but he said he was sorry to say that he has not studied up on the new laws of bankrupcy yet so I will have to search for another on Monday!
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