Child Support and Bankruptcy
When the other spouse is ordered by the court to be liable for child support, it is that party's obligation to pay for all the necessary expenses of the child. He or she must comply with the order to avoid being held in contempt of court. According to divorce lawyers, the support order contains the extent of the party's liabilities to the child. It is not limited only to the payment of the child's daily needs but also fees for school and other activities to which the kid is engaged with.
Under the law, the party ordered to pay the support of the child must do so until the court issuing the order extinguishes the liability. Until such time, he or she cannot stop paying for the necessary fees included in the child support order. It must be noted that even if the liable parent files a petition for declaration of bankruptcy, the obligation to pay for child support still subsists. There is nothing in the statutes that warrant the extinguishment of the child support upon filing bankruptcy.
Make sure that you know how to assert your right in case your ex-partner, who is declared by the court as liable for the child support, files for bankruptcy. Do not waive your child's right to claim the support to which he or she is entitled. Even if the court declares that your ex-spouse is already bankrupt, he is still liable for the expenses related to your kid's support and maintenance. He cannot claim that since his assets are already less than his liabilities, he no longer has the obligation. As already mentioned above, filing for bankruptcy is not a ground for a parent to avoid paying child support.
In case your husband from the previous marriage refuses to pay for the child support, you can always go to the courts of law and file a complaint against him. This can be made easy once you hire the services of a child support attorney. If you know someone who is in the same situation, you can also ask him or her for advice and recommendations concerning the lawyer. Also, you need to remember that you must not enter into any compromise agreement with your ex-partner unless it is with the consent or guidance of a lawyer. Most importantly, if there is a settlement between the parties, the same must be approved by the court.
For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!