The payment of claims for child support and other domestic support obligations through bankruptcy proceedings is discussed in section IV of this outline. 4. Discharge. The bankruptcy discharge releases the debtor from personal liability for all “dischargeable” claims. a. Some claims, including claims for domestic support obligations and other. Revoking a debtor’s drivers license, recreational license, or professional or occupational license to enforce the debtor’s child support obligation in accordance with state child support enforcement statutes. Enforcing a debtor’s medical support obligation in accordance with federal and state child support enforcement statutes. Nov 14, · A: No. Filing for bankruptcy does not discharge unpaid child support payments (sometimes called payment "in arrears"), so your co-parent’s obligations on back child support will remain in place. If a paying parent’s financial situation has changed since a child support order was first issued, that parent may file a motion to modify the order if he or she is having trouble making payments.
The automatic stay does not stop child and spousal support proceedings, and you will continue to be liable for support that was previously ordered in state family court, just as if you had not filed bankruptcy. If you do not pay these obligations and your ex-spouse files a motion to hold you in contempt for failure to pay, that proceeding will go forward.
This does not mean that all back support must be paid up on the date the bankruptcy petition is filed. If you are already in arrears on the date you file your bankruptcy petition, you may not get further behind, and you must make all regular child support or spousal support payments due until you receive your bankruptcy discharge.
If you are already current on support obligations on the date you file, you may not have any arrearages occur until you receive your bankruptcy discharge.
If you do not remain current on support obligations, you will not receive a discharge of your dischargeable debts and, therefore, you will not benefit from bankruptcy. If a person cannot make support payments, the Child Support Enforcement Act of states the district or state attorneys must help a parent collect child support.
In addition, Federal laws allow tax refunds to be intercepted to enforce child support orders, and there is the possibility of wage attachments or seizure of property. However, a parent is still responsible for the full amount of back child support. While you must continue to pay child and spousal support during bankruptcy, bankruptcy can still help by wiping out your other debts and freeing up more income to put toward required support.
The skilled Ohio debt-relief lawyers at Fesenmyer Cousino Weinzimmer are dedicated to helping you through the maze of personal bankruptcy so you can obtain financial freedom. We offer a free initial consultation and careful evaluation of your individual situation to help point you in the right direction. During your consultation, we will evaluate your entire financial situation, make sure you are aware of all your options, and help you decide on the path to a brighter future.
We understand what you are going through and will walk you through the process. Delaying can only worsen your situation, so call the Ohio bankruptcy attorneys at Fesenmyer Cousino Weinzimmer today! Call one of our conveniently located office branches at Columbus , Dayton , or Cincinnati or email for your free consultation so we can determine what debt relief solutions will work best for you. Please leave this field empty. In the midst of all the chaos and uncertainty surrounding the coronavirus pandemic, some consumers are looking for ways to tighten their belts and prioritize finances.
For other consumers who were already behind on their…. Unfortunately, it is six years for most…. While filing for bankruptcy can initially lower your credit score, wiping…. Child Support and Alimony Payments after a Bankruptcy If you or your ex files for bankruptcy in Ohio, what happens to child support and alimony payments? Types of Bankruptcy The most common types of personal bankruptcy are Chapter 7 and Chapter States asked OCSE to provide a specific citation authorizing States to continue to submit passport restriction requests, or otherwise to provide guidance as to how OCSE arrived at such answer, since passport restriction is not mentioned in the list of statutory exclusions from the automatic stay provisions in bankruptcy law.
OCSE's answer is that a U. Department of State regulations provide that "A passport shall at all times remain the property of the United States and shall be returned to the Government upon demand".
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