Q: My child's NCP, said he filed his back child support on his bankruptcy and it paid it all I haven't received anything y?
NCP filed Chapter 13 bankruptcy says he filed back support on it he has to pay it back over time but I should get what he owes me in one lump sum, he has already been to court and got everything okd or approved about his bankruptcy and he asked me 2 weeks ago if I have gotten his back child support yet, I haven't I was wondering can he file this on bankruptcy and if so why hasn't DHR (Marshall County) released it to me yet?
A: The back child support in the context of a Chapter 13 bankruptcy case filing would flow through the office of the Chapter 13 Trustee located in the district where the child support Obligor filed his case. The Obligor would not be able to get his CH 13 Plan confirmed unless he has made all post-filing child support payments that come due as of the date of the CH 13 confirmation hearing. Also, the arrears must be paid inside the Ch 13 Plan, and the Debtor cannot receive a discharge in the case unless he files a certification form at the end of the case testifying that all child support has been paid. There are some cases where the Obligor can negotiate an agreement with a County Child Support Enforcement Agency where part of the child support arrears are paid inside the Ch 13 Plan, with a set amount separated out from the bankruptcy discharge. This can only occur with the consent of the Child Support Agency, and occurs most of the time in cases where the child support is due directly to the Child Support Agency ( for, example, payback of welfare benefits for the child)
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