The Best Books About Child Support

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: Chapter 7: Is the bankruptcy type where all of the debts are discharged. The obligor starts off with a clear slate with no debts. Child support is an undischargeable debt. Seek immediate relief from the bankruptcy court by using the following motion. Chapter 11: Is mostly for businesses that are in over their heads. They can propose a reorganization to the bankruptcy judge where they outline how their debts will be paid off. If the judge says it's okay, they then go into a Chapter 11. If the judge does not accept their proposal, then the bankruptcy becomes a Chapter 7. Chapter 13: Is similar to the Chapter 11, but it is for individuals. It works the same way in that the individual filing for a bankruptcy must outline show all outstanding debts will be paid. If accepted the individual can keep his/her personal property, if not, it is liquidated. 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 Interstate Enforcement of Support: A Short Primer The Uniform Interstate Family Support Act: Comprehensive Update The Child Support Obligations of Grandparents Construction & Enforcement of College Tuition in Agreements Child Support Guidelines: Deviating for Private School Expenses Featured Books: The Divorce Bookstore The Child Support Handbook The Divorce Record Keeper Kidmate: Custody, Visitation & Child Support Tracking Software Related Research Center Categories: Helpful Services: Adoption Child Abduction Child Abuse Child Care Child Custody Child Support Child Support Enforcement Children Children's Resources Children's Rights Custody & Smoking Custody Basics Custody Decisions Custody Evaluations Custody Law Custody Resources Guardian Ad Litem Interstate Custody Parental Alienation Paternity Issues Visitation Access to some research documents (those we license from independent legal research companies) are restricted to subscribers. In order to gain access to ALL of these documents, you must subscribe to establish an account. If you are already a subscriber, you may sign in before you begin your research. (Why Subscribe?)

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