ex notified trustee that I was taking him to court for 6000 in back child support my ex is informing me that I would not get that money but the trustee would to pay down soe of my debt.
Did you list the debt your ex owes in your bankruptcy on Schedule B? Did you claim it as exempt on Schedule C? If so, then you will get the money. If not, the Trustee will get the money.
If you don't have a bankruptcy attorney, it might be a good idea to get one now.
Hope this perspective helps!
First of all, is your ex your attorney? It's not his business where the money he pays you goes. It is his business that he abides by court orders and payswhat he owes. Where the money goes is not his affair. Don't let him bully you more about his debt to you.
Do you have an attorney - marital and/or bankruptcy? That's who you should contact to discuss these matters.
You did not really ask a question here. If you are doing this by yourself, find an attorney because you are proving to be ill-equipped especially in light of what you have disclosed.
Child support is for the child; not for the bankruptcy trustee.
If you don't get child support, file a violation petition in family court.
You should stop listening to your Ex. What he is saying is inconsistent with the bankruptcy code.
Child support that is owed to you can generally be exempted on your bankruptcy petition to the extent it is necessary for the support of your child. You should add the amount that your ex owes you on schedule B as an asset and exempt it on schedule C. In NY, If the asset is exempt under the New York State or Federal exemptions then you can keep the asset. Both NY State and the Federal exemptions have a provision for child support.
It is advisable to seek legal advice by an attorney who can review your bankruptcy petition.
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