Legal Question in Family Law in California
BK. or Restraining order against child support
Is it possible to file bankruptcy against child support? If not, is there a way to keep them from taking all funds out of my bank account,whenever they feel like doing so.
2 Answers from Attorneys
Re: BK. or Restraining order against child support
Child support is not dischargable in bankruptcy court. You may be able to work out a repayment schdule with the agency or person that is attaching your child support. This would stop the attachments of your bank account. If that fails set the matter for a hearing to establish arrears and then ask the court set a repayment schedule and stop the attachment of your bank account. This process will require you to disclose all of your assets and income. Also keep in mind that the child support arrears accrue interest at 10% per year. All payments are credited first to interest and then to principle. Your payment will have to substantially greater than the interest accruing each month.
Re: BK. or Restraining order against child support
Bankruptcy discharges have exceptions and child support is one of them. I am not a bankruptcy attorney, but that is my understanding.
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