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mandyandjonny · Mar 13, 2008, 11:21 AM

Can a parent who is 2000.00 dollars behind on Child Support still file chapter 13,and not have to pay the back support.Or will chapter 13 catch him/her up.And that parent receicve a lump sum.Then it's up to him to stay caught up.

LadyB · Mar 13, 2008, 12:15 PM

It doesn't eliminate the back child support, it simply allows it to be paid over time in installments, from my understanding.

The Bankruptcy Code does require that priority claims be paid in full; The most frequently found priority claims are recent taxes and family support. The Chapter 13 discharge eliminates some debts that cannot be discharged in Chapter 7, like tax penalties and debts incurred by dishonesty. It permits the debtor time to pay debts that can't be discharged in either chapter, like recent taxes or back child support; to cure defaults on home mortgages; and to eliminate liens to the extent the lien is greater than the value of the asset. Chapter 13 Bankruptcy Overview

A Chapter 13 discharge affects only those debts provided for by the plan. Any debts not provided for in the plan will remain, and the debtor will have to pay them in full, even after discharge. Additional exceptions to a Chapter 13 discharge include, generally, claims for spousal and child support; educational loans; drunk driving liabilities; criminal fines and restitution obligations; and certain long-term obligations, such as home mortgages, that extend beyond the term of the plan Chapter 13 Discharge | Debts that Remain | in Denver, Colorado

LifePaparazzi · Mar 13, 2008, 12:24 PM

Most states will not allow you to file, as long as you are behind on child support, more then $1000. This is a fairly new law in some states. There are a few exceptions of cause, but it really would depend on your actual case. You should make an appointment to discuss this further. Most of them will give you an initial consultation for free.

Also... you can no put child support in with Chaper 13 and Bankruptcy.

However, you really should try to get your child support worked out. Talk to Child Support Recovery, in the appropriate county to make arrangements. If you do not, they will soon suspend your license, confiscate your tax return and garnish you wages. Remember that they can legaly take up to 60% of your income, and they will. In addition to that, you will have to pay pentalty and interest fees on top of what you owe. So, you can prevent all this by contacting CSR, by working things out with them early on.

Hope this helps. I'm not a legal expert, but have gone through all of this.

Fr_Chuck · Mar 13, 2008, 02:54 PM

And often it will not allow the child support to be included in the chapter 13, there are many debts, student loans, some taxes and child support that are not normally allowed to be included.

So they can get all of their other debts on the plan, but will have to deal with thie child support with that court.