How does bankruptcy affect Chaild support in Wisconsin?
Kenosha, WI
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Posted 2 months ago in Child Support
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I live in Wisconsin my ex lives in Georgia, she pay me support. She's filing for Bankrupcy. what are my legal rights.
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Answers (1)Benjamin Patrick Payne
This attorney is licensed in Wisconsin.
Posted about 1 month ago.
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If she filed a Chapter 7 bankruptcy case, she cannot discharge (eliminate) her obligation to pay you alimony, maintenance, or support if the divorce court ordered her to pay it. Her Chapter 7 bankruptcy case does not suspend any wage assignment to pay support that may have been ordered by the divorce court. If she was voluntarily paying you support and she stops making support payments to you, then you can either file papers in the divorce court requesting a wage assignment, or simply wait until she resumes making payments and interest will accrue on her support obligations during the time she was not paying it.
If she filed a Chapter 13, she must continue to pay the support obligation during her Chapter 13 and must cure any past due support owed to you prior to the completion of her Chapter 13 plan, with one limited exception. In short, regardless of whether she filed a Chapter 7 or 13, if you have a divorce court order awarding you support, your ex-wife cannot eliminate that obligation in bankruptcy and must continue to pay it during the term of a Chapter 13 if she filed a Chapter 13. |