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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.