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Bankruptcy and child support

I am the custodial parent. I filed for support modification and in Aug 2008, the judge ruled and increased the support and terms. I have not received any money since and now my ex, a small business owner, states he is insolvent and may file bankruptcy in the next few months. This will be his 2nd chapter 13 filing since our divorce 10 years ago. Should I begin enforcement proceedings? I have notified my attorney.

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Attorney answers (1)

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Note that I am not licensed to practice in your state. This is not intended as legal advice. Please check with an attorney in your state.

Child support obligations cannot be discharged in bankruptcy. He still needs to pay. Notify your attorney to start contempt or enforement proceedings.

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