we were divorced in 2001, spousal support court ordered. He was court ordered to pay half the monthly payment in excess toward the arrears. My ex has now filed chapter 13 and included support arrears. Do I need to file a proof of claim? How does this filing affect the payments?
If you want to receive payments from the Chapter 13 plan, you need to seek out a local Bankruptcy attorney as soon as possible to walk you through the process for filing. There is a time limit to file claims with the court, and that time is probably coming to a close soon.
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Yes, you need to file a proof of claim in order to be paid support arrears in the Chapter 13. The ex must also pay current support or you can move to dismiss his case if he doesn't.
I agree with both answers. You should file a proof of claim and should also contact an experienced attorney to make sure that you are protecting all of your rights. For example, if your ex is also required to pay any other obligations to you or in your behalf, those could possibly be considered to be in the nature of child support and thus would also be a priority claim that must be paid in full and would not be dischargeable.
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You should file a claim. You should also monitor current parents as they come do as staying current on support is a condition for remaining in chapter 13.
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