Child's father filed for Chpter 13 Bankruptcy- can I still establish a support order

Asked almost 5 years ago - Denver, CO

I am in the middle of a law suite with my ex to establish a support order for my daughter. She is almost 7 and he has never paid a dime. He knows that he is about to have a huge amount of arrears to pay, so he filed for Chapter 13 Bankruptcy. Will him filing make any kind of difference to our current case? Also, I am listed as a creditor on his chapter 13 because I filed a civil suite for unpaid medical bills for our daughter. Can he get that judgment discharged, as it is part of our support order that he pay half? When I file the claim, should I let his attorney know that I am currently trying to establish support?

Attorney answers (1)

  1. Suzanne Griffiths

    Contributor Level 11

    Answered . Actions to establish or modify alimony, maintenance, or support are exempted from the automatic stay provision. 11 U.S.C. ยง 362(b)(2). Because these actions are exempted from the stay provision, you may proceed and the Chapter 13 filing will not affect your claim for support. In addition domestic support orders cannot be discharged in bankruptcy.
    As regards the unpaid medical bills I suggest you contact a bankruptcy lawyer to assist you in collecting this debt as it may be more complex than a fixed support order.

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