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View Full Version : Questions in Texas - Support, Bankruptcy


pam7802
10-16-2005, 06:05 PM
First, I would like to thank all who respond to my questions..your opinions are a real help...

Here is a quick review of my situation:

I am trying to get a modification of child support....our original divorce decree states that "no support is due to either party" as a favor I did to my ex-husband (even though I am the custodial parent) so he could get a "nice house for the kids to visit"...he paid me $200 under the table for four years(for two children)...he quit paying in March of 2005..I am in the process of trying to undue my stupid mistake and get him to pay his correct child support...he immeidately filed for bankruptcy and filed a "stay" on our court hearing (11-02-05)...I have heard that this will not effect our hearing or future child support payments..is this correct? If this takes awhile longer (it has been 6 months since I filed with the attorney generals office in Texas), can I get temporary orders to get him paying something while the litigation continues?? He has a great job and still sees the children...I just want him to pay his correct amount and make it legal this time, not "under the table"..

Thank you in advance for your help (again :) )

elklaw
10-17-2005, 11:16 AM
child support is not wiped out by bankruptcy so you would file a motion for relief from automatic stay in the bankruptcy court because the obligation owed is child support; that should be granted with no problems but i suggest taht you go get a support order then amend the filing of the motion for relief from automatic stay and proceed
now the down size is that it may be hard to get decent support, but get a copy of the bankruptcy petition and pursue child support of pension funds or other bankruptcy protected funds if there is nothing else you can do as child support is treated differently than other debts
Consult an attorney locally to formulate a realistic plan for you

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