Houston, TX asked in Bankruptcy, Family Law and Child Support for Texas

Q: How do I get the federal court to investigate a bankruptcy case that was disregarded by debtor.

Child support judgement was reduced to half 27000 and was included in my bankruptcy filing and was paid off in 2006. Then the Child support office refiled for the original amount and tacked interest onto the original amount. The CS office refuses to acknowledge the bankruptcy agreement and more interest is owed now than the support judgeme. The amount was granted in 1996 after the 19 yr old had joined the army, was emancipated and living out of state. There never was a marriage and no prior CS order had ever been sought for child support. This occurred over 25 yrs ago and is still taken out of my SSDisability check. I had a lawyer looking into this in 2018 but when Harvey hit had to move his office and did not get case back in court. After 10mos had passed was then told statue of limitations passed to do anything. I have been disabled since 2005 and currently 73 yrs old and in bad health. Would like investigation into how this is still happening.

1 Lawyer Answer
Kathy Elizabeth Roux
Kathy Elizabeth Roux
Answered
  • Consumer Law Lawyer
  • Grapevine, TX
  • Licensed in Texas

A: Child support payments generally cannot be discharged in bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to modify child support obligations. Since you state that the child support obligation was reduced and paid off in the bankruptcy, you may want to contact the attorney who represented you in the bankruptcy, or hire an attorney to determine the status of the child support obligation. You may be able to obtain free legal services through your local legal aid organization, or by contacting your local bar association.

Tim Akpinar agrees with this answer

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