13 bankruptcy does NOT stay child
support, as no child support is dischargeable
in bankruptcy. However it does stay
(until they get relief from stay)
the filing of contempts to collect
the child support.
the incompetence of most divorce lawyers
I am betting some will not file for
relief of stay, or succeed in this.
In my case the CS amount included
in my bankruptcy plan was $150 per
week and they are now trying to get
$300 per week (which is 89% of
my take-home pay currently and illegal
under federal garnishment limits).
I am hoping that the bankruptcy judge
would not grant a relief from stay
for an increase in CS because it will
make the bankruptcy plan not work,
and because the bankruptcy court will
NOT hear temporary orders. They will
only hear final judgments.
result of this you can lock in child
support and any financial orders with
bankruptcy because any other temporary
orders for financial purposes are
"out of jurisdiction". You
can not tell them this and wait to
delay things further (as I did when
the contempt was filed to delay CS
collection for 7 months) or you can
point it out sooner if you like.
I think forcing the spouse to make
their own living is a good thing for
her and the children too so they can
spend more time with me.
legal references to anyone that wishes
which made my wife's attorney withdraw
stay is 11 USC, section 362
is property of the bankruptcy estate
is 11 USC section 1306(a)
this helps someone else out there.
This does NOT apply
to a Chapter 11 or 7 filing.
laws may have differences and should
One more clarification. a judge can
just indict you on criminal contempt
to circumvent the stay. Additionally
collection through the use of an IWO
is exempted entirely from the stay.
Only civil enforcement for the
arrearage is stayed. The continuing
obligation post petition would not
be subject to any stay. additionally,
since there would be an arrearage
you would have to include the arrearage
payment and the current payment in
the Ch 13 plan or face a conversion
to a chapter 7.
Exemptions from the automatic stay.
Under C it is unclear if they can
still create it or if it applies to
an existing IWO only. For anyone with
websites make sure that this information
is available online.
(B) of the collection of a domestic
support obligation from property
that is not property of the estate;
(C) with respect
to the withholding of income that
is property of the estate or property
of the debtor for payment of a
domestic support obligation under
a judicial or administrative order
or a statute;
(D) of the withholding,
suspension, or restriction of
a driver's license, a professional
or occupational license, or a
recreational license, under State
law, as specified in section 466(a)(16)
of the Social Security Act;
(E) of the reporting
of overdue support owed by a parent
to any consumer reporting agency
as specified in section 466(a)(7)
of the Social Security Act;
(F) of the interception
of a tax refund, as specified
in sections 464 and 466(a)(3)
of the Social Security Act or
under an analogous State law;
(G) of the enforcement
of a medical obligation, as specified
under title IV of the Social Security