Thursday, September 20, 2012
Will I still receive Child Support from my Ex when they file for Bankruptcy?
It is unfortunate that both bankruptcy and divorce are as prevalent as they are in modern society. Often times the two events occuring around the same time. Stress relating to debt and financial woes can certainly take its toll on any relationship and marriage is certainly not exempt from these strains. Who knows, maybe money can't buy happiness but it likely gives any relationship a good start. Child support is one aspect that is to be considered as a divorce occurs, but what about the considerations of child support as a bankruptcy occurs?
If you are receiving child support and the paying parent is considering filing bankruptcy, or... on the other hand if you are paying child support and you are considering filing bankruptcy yourself you are likely concerned with the effects that the bankruptcy will have upon your situation. The answer is that usually child support payments cannot be discharged through a bankruptcy. Bankruptcies do not act as a stay upon the modification or establishment of child suport obligations. Furthermore, bankruptcy will not discharge child support obligations that are in arrears.
Child support and bankruptcy can create some very complex situations and it is important that you seek the advice and knowledge of competent legal counsel. The Law Office of Andrew E. Farmer is happy to help and consult you on these complex situations. The Law Office of Andrew E. Farmer proudly helps its clients in Sevier, Knox, Jefferson, Cocke, Hamblen, Washington, and Greene Counties. If you need advice or representation please call for a free consultation at (865) 428-6737.
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