Child Support in Chapter 13?

[waitingoncash]

My exhusband has declared his back child support (to two ex-wives) in his Ch. 13 Bankruptcy. First of all -- I didn't realize he could do this. Now the trustee is paying his truck payment and the other ex money and not me. How does his daughter fall behind a Dodge Dakota? What can I do to move myself up the status pole on his payout list? We are in Texas. She is in Virginia being paid through the Texas Disbursement Agency. I am waiting to be paid through the court. How long will I wait if I can't move up the ladder?

[hhou812hh]

My exhusband has declared his back child support (to two ex-wives) in his Ch. 13 Bankruptcy. First of all -- I didn't realize he could do this. Now the trustee is paying his truck payment and the other ex money and not me. How does his daughter fall behind a Dodge Dakota? What can I do to move myself up the status pole on his payout list? We are in Texas. She is in Virginia being paid through the Texas Disbursement Agency. I am waiting to be paid through the court. How long will I wait if I can't move up the ladder?

You're considered a "priority" debt and you should be ahead of the truck. Did you file a claim? It's usually in the following order: priority claims, secured claims(truck), then unsecured claims(credit cards,etc). Sounds like someone dropped the ball on this one. The good news is he has to pay you 100% no matter what. No discharge for this as far as I know.

[HHM]

Sorry hhou812hh, secured claims come before priority claims.

The levels of priority are as follows in a chapter 13

1. administrative claims (i.e. debtor attorneys)
2. Secured claims
3. Unsecured Priority claims
4. Unsecured claims.

The claim is for back child support, is he making his current child support payments on time?

[hhou812hh]

Sorry hhou812hh, secured claims come before priority claims.

The levels of priority are as follows in a chapter 13

1. administrative claims (i.e. debtor attorneys)
2. Secured claims
3. Unsecured Priority claims
4. Unsecured claims.

The claim is for back child support, is he making his current child support payments on time?

OOPS! Sorry

[Minnymouth]

That's WHAT I "like" about you HHM - you keep us straight!!!

And you want to leave for 10 months.

WE'LL NEVER SURVIVE WITHOUT YOU.......

MINNY

[waitingoncash]

On time? yeah, right....

He is paying the amount he should every month. On time? No. His payments seem to fall in to when he wants. I might not see anything until the last day of the month. I was told that I could not hit his employer for garnishment because of his bankruptcy protection. That one doesn't seem right either.

[HHM]

He is paying the amount he should every month. On time? No. His payments seem to fall in to when he wants. I might not see anything until the last day of the month. I was told that I could not hit his employer for garnishment because of his bankruptcy protection. That one doesn't seem right either.

You might be able to file a Motion to lift the automatic stay in order to get at his paychecks for the ongoing obligation to pay directly. However, if he is paying the correct amount and it is coming in every month (even though it may not be at the right time, but if its monthly) then he technically hasn't gone into a default.

Realize, you are in a pretty strong position, you could really screw up his bankruptcy. I would assume somewhere in his chapter 13 plan, there is a provision stating that he will "directly pay" his ongoing child support payments (if there isn't, then you need to object to confirmation of the plan if there is still time). If he misses even one payment, you can file a Motion to Dismiss his bankruptcy.

You may want to hire a lawyer the specializes in representing creditors in bankruptcy.