Batavia, NY asked in Bankruptcy, Family Law and Child Support for New York

Q: Why did I receive form 309A when my son's dad (who I never married & have not been with for 17 years) filed bankruptcy?

I live in ny with my son who just turned 18 and will be attending college in the fall. My son's father (we were never married) has lived in Alabama for the past year but still pays the same $50/month in child support that he has for the past 17 years. I just received a form 309A in the mail that says him and his wife are filing for bankruptcy. How will this affect my son and why did I receive the form?

2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: It should not affect your son at all. YOu received the 309 because he owes you a domestic support obligation. Child support is still due and owing even with a bankruptcy and cannot be discharged.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: You received the form as you are a creditor and must receive notice. However, child support is exempt from bankruptcy so you will receive the same support.

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