Child Support Payments & BK

[amonduul]

Can a child support payment made out each month for $500 to the state of Oregon from a guy making $1,500 monthly be considered in a bankruptcy proceeding...he'll never have to pay child support again.? I think he owed about three months in missed child support payments, but got into trouble with the law and got police and court fines for stealing...which is why he filed for bankruptcy in the first place. I had always assumed child support payments and police fines had to be paid regardless of a bankruptcy.

[StaciMM]

Child support will survive BK, and probably the police fines, fees etc. will also.

[amonduul]

Sounds like he filed for bankruptcy for nothing! To my knowledge, he owes no other debts...he has no property under his name except two cars. His job is going to terminate in month and he plans on getting unemployment insurance until the spring when he gets back to doing road grading/roadbuilding and doing handywork on his dad's farm.

[StaciMM]

IF those were his only debts, then the BK would not have accomlished what he thought it would.

When you file you have to list all debts-even child support, taxes, etc. Everything gets listed because of a temporary automatic stay and because those obligations impact a person's budget. (You can't claim that you pay the IRS, for example, if you don't list that you have a debt with them.)

Any idea when he filed, and if he has been to the 341 yet? I'm guessing he filed without an attorney.