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My ex husband that pays child support is filing for a chapter 7 bankruptcy. What does this mean for me?
My husband just mailed me a letter and failed to include his usual monthly child support payment. He said he has filed for Chapter 7 bankruptcy and that his support payments will no longer be required under the law. I have three kids under the age of eight and only work part-time. Can he just stop sending monthly checks to help me support our kids?
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Answers (1)
Child support payments are like student loans and other similar debts that cannot be discharged in a Chapter 7 bankruptcy filing. You need to immediately contact your divorce or child custody lawyer to make sure your ex-husband is formally served with notice that he cannot halt his monthly child support payments.
You also need to notify the court that ordered the child support payments of this development. Ask your attorney if you’re allowed to file anything in your ex-husband’s bankruptcy case about his current refusal to make further child support payments. You may need to send the court a copy of his recent letter to you.
If you must start working extra work hours and spending more money on child care due to these new events, be sure to keep accurate records concerning your expenses. Your lawyer might be able to ask the court that issued the original child support order to demand that your husband eventually reimburse you for these added expenses.
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Posted by Elizabeth Smith on 28 Jan 2010
1 person found this useful
(2 Votes)