Proof of Claim for Back Child Support?

[tammygirl1]

Does the Child Support Agency need to submit a proof of claim for back child support? I know its required to pay back and can't be discharged but wondering about the proof of claim for it. We filed the amount as priority.
Thanks for any feedback in advance!

[tammygirl1]

Anyone?

[drowning123]

What do you mean you filed the amount as priority?

[justbroke]

Did you list them as a creditor?

Yes, child support and other domestic support obligations are "priority" unsecured debt and go on Schedule E. I don't believe the agency "has" to file a claim, since it's non-dischargeable, but government agencies get a LOT more time to file claims than regular agencies. I believe, without looking, that governmental agencies get 180 days to file from the date of the 341 Meeting.

Based on your 341 Meeting date, that would mean that the appropriate governmental unit has until February 10 to file a Claim. Also, be very aware that claims, in a Chapter 13, usually don't start trickling in until after the 341 Meeting. Additionally, most of them seem to arrive in a wave of claims just before the post-341 Meeting 60-day deadline. With your 341 Meeting on 10/7/2010, the last day to file a claim would be 12/6/2010 for non-governmental creditors.

I hope that this post helps you.

[tammygirl1]

Thanks justbroke! That helped alot. It was listed under Schedule E as unsecured priority as you stated. I have gotten a few claims in (IRS/State tax, few larger CCs, and my 2nd Mgte) so far..which led my curiosity to how the Child Support arrears are handled.
Thanks again!

[HHM]

Keep in mind, if your goal is to PAY the back child support (which I assume it would be) through the plan, a POC MUST be filed. As a last resort, the debtor can file a POC on behalf of the creditor.

If your question is: if the agency does not file a POC, is the claim then discharged, the answer is no.

[tammygirl1]

Thanks HHM. I sent an email asking if we were going to enter a POC on behalf of the Agency and he came back and said we could if they do not file one by the due date. This brings another question then, will the Payment Plan document (doc that shows how much we propose to pay) get updated with this when a POC is filed? He sent me a new Plan document reflecting the IRS (checkmarked non-506) so I wonder if the Plan doc gets updated once the POC is filed. I just want to make sure the money we are paying the trustee go towards the arrearages and not CCs in the end. That was half the reason we filed was to be able to pay them within the plan timeframe.
Thanks for your feedback.