Can a person that is owed Child support file a motion for contempt while the other party is in bankruptcy?

Asked about 3 years ago - Idaho Falls, ID

Other party filed Chapter 7 bk and notice was sent. Several months later the party owed filed a motion for contempt.

Additional information

What if during the "automatic stay" the party that is owed the back support files for contempt charges? Are they enforceable?

Attorney answers (2)

  1. Mitchell Paul Goldstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . It is always best to just seek relief from the stay to pursue the other party.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more
  2. Stephen M Trezza

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Yes but should obtain the permission of the bankruptcy court before you file the motion in state court. Permission s obtained by filing a motion to lift the stay in bankruptcy court.

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