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Child Support under Chapter 13

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  • Child Support under Chapter 13

    My ex-husband has filed Chapter 13. Do I have to file a Proof of Claim (form B10) in order to receive child support? He did list me as a creditor in the petition and schedules.

    He owes for past-due support and the family court entered a judgement in my favor. Beyond the past-due arrearage, what about ongoing monthly support?

    Thanks in advance.

  • #2
    You should file a claim. It would still be non-dischargeable if you didn't. However, this claim would put the Debtor and Trustee on notice that there are unpaid domestic support obligations (DSOs) that are non-dischargable. In a Chapter 13, DSOs are entitled to priority, so they should be paid alongside attorney fees and the Trustee's fees before other general unsecured claims. In most cases, DSO arrears need to be paid in full during the life of the Chapter 13.

    You should also file an objection if the Plan does not call for priority treatment of the arrears.

    Ongoing support should be still done as an administrative expense. If the Trustee is on notice of the DSO... since you are filing a claim, then the Trustee should do the right thing and pay the arrears. Hopefully there is a wage order against the non-custodial parent for the DSO and that would come through normal channels.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Yes, you need to file a timely Proof of Claim. You have a PRIORITY claim. Attach a copy of the judgment and any accounting you have if he has made any payments towards the back support. Mail a copy to his attorney or, if he does not have one, to him. Also mail a copy to the Trustee.

      The Chapter 13 Plan MUST pay your claim in full. If you are entitled to interest, the interest that has accumulated up to the date of the filing of the bk is part of your claim and should be included in it when you complete the form. Post petition interest will accrue but, unless he is in a 100% pay back plan, will not be paid over the life of the Plan. The post petition accrual of interest on the back support claim will survive the entry of the discharge and will be due and owing once the discharge is entered

      In addition, if there is on-going support due, he MUST stay current. Failure to stay current on post petition support obligations is grounds to dismiss the case.

      Des.

      Comment


      • #4
        Neither my husband's ex or child support services entered a claim for arreages so our lawyer submitted one on their behalf. We are paying it back as a priority along side our car payment right now within the plan.
        Filed CH13/5yr 7/29/10
        341 10/7/10
        Confirmed 11/7/10

        Comment


        • #5
          Ok. Mailed a Proof of Claim today. Mailed to the clerk of the court, the case trustee, and the attorney for the debtor.

          Should I also file an objection to the plan? Schedule J, Line 14 (alimony, maintenance, and support) listed zero. Is that a snub at paying child support or are they trying to increase Disposable Income? They listed modest living expenses and put every other dollar under disposable income.

          Does that mean they are leaving it up to the trustee on who to pay and in what order?

          Thanks everyone.

          Comment


          • #6
            If there are domestic support orders (DSOs), and they are not accounted for on Schedule J that's not where you'd object. You would object to the Chapter 13 Plan of Reorganization (Plan). Did they file a "Plan" yet?
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              On-going support obligations must be paid and should be reflected in Schedule I if paid through a payroll deduction or Schedule J if paid directly by the debtor. If your future payments are not reflected at all you file an objection to the Plan indicating that it appears the debtor is not providing for on-going support obligations in his budget.

              As it relates to the back payments, object to the Plan if it does not reference them to be paid through it.

              Des.

              Comment

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