Your ex resents paying child support. He’s tried different things: placing his assets under another name, moving out of state, and not calling the kids. Now, he’s threatening to file bankruptcy. He may be in for a surprise.
When a person files for bankruptcy, most bills and debts are subject to an “automatic stay.” This means that any creditors must immediately stop all collection actions for the term of the bankruptcy. An automatic stay applies to foreclosures, wage garnishments, bank levies, and collection calls. It does not apply to child support (or spousal support) collection efforts.
The U.S. Bankruptcy Code protects the rights of children to receive parental support. Child support is never dischargeable in bankruptcy.
If your ex is filing Chapter 7 bankruptcy, his assets will be sold to pay his debts. Most of the remaining debts will be discharged, but child support in arrears or past-due child support cannot be discharged. If your ex is filing Chapter 13 bankruptcy, he will have to create a repayment plan for child support in arrears, as well as make all court-ordered support payments.
What do you need to do to make sure you get your California child support payments during the bankruptcy? Nothing. In this case, the law is clearly on your side.
Do you have questions about child support payments or need help revising a current child support order? Contact the San Francisco child support attorneys at The Law Offices of Paul H. Nathan. We’ll do our very best to help you and your children. To schedule an appointment, call 415-341-1144.