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Can my ex-husband file chapter 13 bankruptcy against child support?

Can my ex-husband file chapter 13 bankruptcy against child support?

Full question:

My ex-husband is trying to file chapter 13 bankruptcy against court ordered child support. Can he file against child support?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Missouri

Answer:

A Chapter 13 bankruptcy plan must fully pay certain claims, including court-ordered child support, unless the person owed the support agrees to different terms with the bankruptcy trustee. This typically involves regular monthly payments.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What looks bad in a custody battle?

In a custody battle, factors that may negatively impact your case include a history of substance abuse, domestic violence, neglect, or failure to comply with court orders. Additionally, poor communication with the other parent or attempts to alienate the child from the other parent can be viewed unfavorably. Courts prioritize the child's best interests, so demonstrating a stable environment and cooperative parenting is crucial.

Is it better to declare bankruptcy before or after divorce?

Whether to declare bankruptcy before or after a divorce depends on individual circumstances. Filing before can simplify the division of debts but may complicate the divorce process. Filing after may allow for a clearer separation of debts but could affect financial negotiations. Consulting with a legal professional can help determine the best timing based on your situation.

What happens if a spouse declares bankruptcy during divorce?

If a spouse declares bankruptcy during a divorce, it can complicate the proceedings. The bankruptcy may stay certain financial obligations, impacting asset division and support payments. The divorce court may need to coordinate with the bankruptcy court to resolve issues related to debts and property division. Legal advice is essential to navigate this situation effectively.

Does bankruptcy affect child custody cases?

Bankruptcy itself does not directly affect child custody decisions, as custody is based on the child's best interests. However, financial instability may influence a parent's ability to provide for the child's needs, which could be considered by the court. It's important to demonstrate stability and a commitment to the child's welfare during custody evaluations.

What not to say during a custody battle?

During a custody battle, avoid making negative comments about the other parent, discussing the case with the child, or using the child as a pawn in disputes. Statements that show instability, such as threats or aggressive behavior, can also harm your case. Focus on presenting yourself as a responsible and caring parent committed to the child's best interests.