The Bankruptcy Abuse Prevention and Consumer Act of 2005 guarantees that unpaid child support and alimony debt has priority over any other creditors, including taxes owed and cannot be discharged in bankruptcy. The person owed, child support or alimony payments must file a “proof of claim” with the bankruptcy court to receive payment. The 2005 law requires that the bankruptcy trustee provide a written bankruptcy notice to the domestic support claimant and to the state’s Child Support Enforcement Agency. A notice at the time of the bankruptcy filing and a second notice at the time of the bankruptcy discharge are required by law. Once the debtor’s bankruptcy is discharged the debtor will be required to pay the current child support obligation plus any back payments owed.
Child Support And Bankruptcy
By Reed Allmand|2021-02-12T15:11:51-06:00October 23rd, 2008|Bankruptcy|Comments Off on Child Support And Bankruptcy