Expert: Terry Leeders - 11/26/2007

Question
hello my ex is filing chapter 13 and claiming some of the past due cs. if his bankruptcy is accepted does it mean that the debt is paid in full or in his words "By Federal law I am paying back CS through the BK and so therefore caught up"
also he is not paying his current obligation that has accrued since his filing will it be granted?

Answer
With the change in bankruptcy laws in 2005, child support arrears are paid 100% in a chapter 13.  You will receive a claim form from the court, and you need to file this with the court, showing them how much was past due at the time the case was filed.  Your ex has to continue making payments on the current support obligations, and has to sign a notarized form with the court.  Child support is paid at a priority rate in the bankruptcy, ahead of all the other creditors.