March 5th, 2009 by Reed Allmand 
The Texas bankruptcy case of Arnold, Joel C.; In re, demonstrates the importance of keeping meticulous records of child support payments. After filing for bankruptcy relief, a debtor objected to a proof of claim of $6,793 filed by the Texas Attorney General for 13 months of unpaid child support. The bankruptcy debtor claimed that he did in fact make the child support payments; but only had proof of payment for eight months of payments. The debtor claimed that he had lost the records for the other five months during a move. Since the debtor did not have proof of child support payments for five months the bankruptcy court allowed a claim for $3,200.
It is important for debtors filing for bankruptcy to keep records of all child support payments. Child support is a priority debt and can eat into a debtor’s assets if not handled properly. Failure to provide proof that you paid child support can result in you paying the child support again in a Chapter 7 or Chapter 13 bankruptcy case. It is solely up to the debtor to prove that he/she has paid child support. If you are considering bankruptcy and have child support obligations speak with a bankruptcy attorney to find out how you can handle this priority debt during your bankruptcy case.
About Reed Allmand
Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."
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