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1800-Deadbeat A guide to aggressive child support collection. Includes: how to foreclose on property owed by someone that owes support, order a sheriff seizure of personal property to be sold at auction, place liens on bank accounts, and much more.
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Deadbeat Parents: Obligor Files for Bankruptcy:

If the obligor files for bankruptcy, you can no longer pursue child support collection until you go to court to apply for a "relief from the "stay".

A person, or a company, can file for bankruptcy to either have all of his/her debts discharged (eliminated), or to have a "stay" from the collection procedures until the debts can be slowly paid off over time. Child support can not ever be discharged, but it can be paid off at a slower pace. If your obligor has filed for bankruptcy, it will be handled in one of the following ways:
In all three instances you are entitled to a relief from the stay. If the obligor has filed for a Chapter 13, all past child support owed will be reorganized under the plan. You can not continue to attempt collection on that amount. Current child support and future child support can not be reorganized so those full amounts are still due to you. For example, if the obligor filed for bankruptcy on the first of the month owing you $3,000 with $500 due the first of every month, he/she would still owe you $500 when the next month rolls around. The past due $3,000 would be reorganized with the bankruptcy judge and you would have to accept whatever payment arrangement the judge accepts.

To file a relief from a stay it will cost about $70 and it can be filed at the clerks' office. remember to serve a copy to the obligor, his/her attorney, if there is one, and the trustee. The notice that you receive informing you of the obligor's upcoming bankruptcy proceeding will provide you with the names and addresses of the people that you need to serve.



Featured Download Manuals:The Download Center
A Guide to Child Support Enforcement Against Military Personnel
Emancipation to Release a Parent From a Child Support Obligation
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Construction & Enforcement of College Tuition in Agreements
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The Child Support Handbook (2002 Edition)
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1-800-Deadbeat: How to Collect Your Child Support
Collecting Child Support: 12 Effective Strategies
Collecting Child Support Made EZ

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Divorce Tip: # 25 If a non-custodial parent is reducing time spent with a child, it does not mean that the parent does not care. It could be to difficult and emotional for the parent to experience. Sponsored by: Grandparents' Rights


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