Do you need to file any paperwork in court if ex-husband files bankruptcy and he owes child support?

Answer 1

onley if you think the bankruptcy is really serious!!!!!!! Child support is not allowable as a discharge in a Bankruptcy. He still has to pay it and the past due amount as ordered.

Answer 2

Probabally not because child support is not a debt (a financial obligigation) which can be discharged, generally. Bankruptcy is a federal law which basically says that when a debt is 'discharged' the legal processes, such garnishment, attachment, levy cant be used to collect the debt. The debt is still there; it's just that the holder of the debt cant get any help from the legal processes to collect the debt. Many debts cant be discharged, such as child support, taxes, other certain legal obligations. All federal law is supposed to to be bottomed in public policy. Taking care of children is a pretty clear national policy; letting fathers get out of child support by bankruptcy does not further the national interest; or at least that the argument. On the other hand, any time a person is involved with the bankruptcy law, it's not a bad idea to have some help in responding to various notices and to let one know what rights, one as a creditor has. (Other than the non-dischargeable debts, most of the restof the debts can be barred from collection through the courts; the bankrupt can always agree to pay the debt by reaffirming the debt, like a debt on a car or a house to 'keep' the item; but that sort of defeats the purpose, it seems. Or after its all over, the bankrupt can still agree to pay the debt. History is just full of bankrupts who later recovered and paid back all their previously discharged debts.)