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.
