My ex owes $50,000.00 in back child support. He made a payment of about $260 in august and the child support office recieved info in December that he had filed bankruptcy. I am told that this will make it easier for him to pay his obligations. I guess my question(s) is/are when would i maybe get support from him and what can I do?
–R

Clark and Washington’s Answer:  R, thanks for your question.  First, recognize that under current law, bankruptcy does not allow a debtor to eliminate child support obligations.  If your ex filed a Chapter 7, he would presumably have more money to allocate for child support if he was able to get rid of his credit card or other debt.  If he filed a Chapter 13, then his on-going child support would be part of his budget and his Chapter 13 plan should have addressed how he was going to make up any arrearage.

You may want to find out a little more about your ex’s bankruptcy.  Bankruptcy paperwork is a matter of public record and you should get a copy of his petition and associated documents.  You don’t say where he filed bankruptcy – but bankruptcy paperwork is available through a national database called PACER.

At the end of the day, your ex’s obligation to pay you child support will not be eliminated or modified as a result of his bankruptcy filing.