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    TKH329's Avatar
    TKH329 Posts: 10, Reputation: 1
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    #1

    Mar 4, 2014, 11:53 AM
    Chapter 13 and child support
    My husband and I jointly filed Chapter 13 nearly two years ago. We separated a year ago and our divorce was filed in July of 2013. We mutually agreed on most everything and I had an attorney draw up the paperwork. Ex refused to sign it and has now hired a attorney to help him drag his feet. After 8 months, I filed a temporary order because he has not been helping to support our three children. In court yesterday, his attorney has now come up with the argument that because we are in Chapter 13, the court cannot issue an order requiring him to pay child support. Neither of the attorneys nor the judge knew the answer so we have been delayed another two months to find the answer. Is there any possibility this could be true? I mean, honestly, I too am involved in the Chapter 13, yet I am 100% responsible for my children? That does not seem fair. If that is the case shouldn't all divorce attorneys recommend that their clients file Chapter 13 prior to a Temporary Order?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Mar 4, 2014, 11:55 AM
    If the judge entertained that and delayed it for that... then there must be legal grounds for it or they would have rejected it immediately.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 4, 2014, 12:38 PM
    When an attorney makes such a motion he had better be able to cite statute or case law to support it. That cite should be part of the public record. The judge should review the statute or precedent and make a decision.
    TKH329's Avatar
    TKH329 Posts: 10, Reputation: 1
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    #4

    Mar 5, 2014, 11:17 AM
    Ex's attorney raises this question by phone to my attorney on the way to court. (not accidently). My attorney was unable to research it. A full court docket made it unrealistic to call some experts to ask... so it got pushed back. My attorney suggested that each side prepare briefs to show their position which is where we are now. I'm frustrated and angry. Any research I have been trying to do pulls up nothing. I was just wondering if anyone else knew the answer. It does not seem right that he would be allowed to not support his children.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 5, 2014, 11:57 AM
    Again, if there is no statute or case law to support it, the judge will deny it. And both he and his attorney may be sanctioned for a clear delaying tactic.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 6, 2014, 04:43 AM
    No, child support is not included into a Chapter 13, plus that would have only covered old existing debts, any new debts after the filing of the Chapter 13 are not protected by it.

    The issue is family law attorneys no nothing about Federal Bankruptcy laws, his attorney did not even file motions property. This is just a confusion issue and a stalling issue.

    Your attorney should not have even accepted or objected hearing this, if the other attorney could not site actual case law.
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