Legal Question in Bankruptcy in California

Back Child Support

My ex-spouse filed bankruptcy last year, listing my back child support owed. The court order him to resume paying current support owing, plus back in April 98. He missed Feb & March of 99, never making them up, he then resumed in April. Do I have recourse for the missed months, and if he misses more months. He is in Oregon.

Thank you for any assistance you can provide.


Asked on 6/29/99, 11:06 am

1 Answer from Attorneys
Marcus G. Tiggs Slate and Leoni, A Professional Corp

Re: Back Child Support

I am uncertain which court (bankruptcy or family law court) order the resumption of child support payments. Child support is non dischargeable in bankruptcy, therefore, if his case was a chapter 7 and it is concluded you may be able to collect on the missed payments. If the case is a chapter 13 an amended priority proof of claim should be filed. Regardless of the chapter, if the case is pending and you seek to recover the missed payments outside of the bankruptcy court, relief from the automatic stay should be obtained.

I am a Certified Bankruptcy Law Specialist, State Bar of California. We offer free initial consultations.

Best of Luck

Slate and Leoni, PC

Marcus G. Tiggs, Esq

213-625-0161

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Answered on 7/08/99, 2:44 pm


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