Child support and bankruptcy

Lynda - posted on 09/24/2012 ( 5 moms have responded )

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My son's father has not paid child support for 6 months and he is working. He filed bankruptcy and Child support people say that because he has the bankruptcy order they cannot arrest him or suspend his license. They are not making him pay the current even though he should be paying that and working to pay off the back payments. If I try to keep my son from seeing his father I could be arrested but he is getting away with not support his son financially. Does anyone have any suggestions because speaking with the child support office is frustrating and they are more like father support rather than child support.

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Gwen - posted on 09/24/2012

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Child Support and visitation are 2 different issues. They are only responsible for collecting support within the laws and policies that have been established. If they say they cannot pursue him during a bankruptcy proceeding, then that's probably accurate and their hands are tied. You could call and ask the supervisor if you want a second opinion.



Visitation has to go through the court system. Legally (in most places) you cannot deny visitation because of non-payment. I know it's frustrating, but they look at it like this: money issues are between the adults; visitation is about the relationship between parent and child. Money has no bearing on that relationship and the bond they share.

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Christy - posted on 09/25/2012

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What state are you in? I didn't think they could stop his obligation to pay child support while in bankruptcy.

Lynda - posted on 09/25/2012

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His dad stays 10min away and he sees him maybe 3 days a month. I don't get in the way of their relationship but I try to encourage him to see his son more cause he is so close but he is too busy . I don't ask for riches and I don't want to live off him it wouldn't be enough money to do that any way, I just want him to know that I can't just stop taking care of our child and he shouldn't be able to do that either. I would walk around with old shoes and clothes to make sure my son had what he needs not vice versa.

Gwen - posted on 09/25/2012

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Yeah, it pretty much sucks. Fortunately, I do receive my child support. Unfortunately, my daughter only sees her father about 15-20 hours a year.

Lynda - posted on 09/25/2012

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Thanks Gwen! I really don't want to get in the way of the small relationship they do have. I am just at my wits end because he is living the life just bought an expensive car, house in the city all while I am trying to make it without his help! These are things acquired after the bankruptcy . So if he can't afford to pay his child support how can he afford to pay his car note which is probably more that what his child support payment is monthly. All I can say is I am glad I have the family I do cause things would be a lot harder.

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