Child Support Arrearage ?

[debtinohio]

First, I'm not a deadbeat. I was in a year-long custody case and in the end I won the parenting time, but due to a drastic income differential I was still ordered to pay child support and it started from the original trial date so I started out behind.

In filing CH13 the CSEA filed a claim for around $4000 as priority/non-dischargable debt. This is the correct amount, but I'm already having $100 additional from my check drawn by them each month for the arrears amount.

I don't want to have to pay $100 from my check, additional from my plan and than lose my tax return to pay towards it too. I owe it and will pay it but it's a little hard to track if it's coming out of 3 places.

Does the automatic stay keep them from taking the arrears amount from my check & taxes so it can just be paid from the plan?

[forgotten]

First, I'm not a deadbeat. I was in a year-long custody case and in the end I won the parenting time, but due to a drastic income differential I was still ordered to pay child support and it started from the original trial date so I started out behind.

In filing CH13 the CSEA filed a claim for around $4000 as priority/non-dischargable debt. This is the correct amount, but I'm already having $100 additional from my check drawn by them each month for the arrears amount.

I don't want to have to pay $100 from my check, additional from my plan and than lose my tax return to pay towards it too. I owe it and will pay it but it's a little hard to track if it's coming out of 3 places.

Does the automatic stay keep them from taking the arrears amount from my check & taxes so it can just be paid from the plan?

Yes, they need to stop taking it from your check due to the automatic stay. I would have your attorney contact them and/or your employeer to get that discontinued.

[debtinohio]

Thanks, I'll call the agency today!

[Scootch]

As a child support enforcement worker in Virginia, whenever we get bankruptcy information, we send the information to our legal counsel to advise us. Usually we are instructed to change the withholding to just the current support amount and to update the records to prevent Federal Tax withholdings. It may be different from state to state, but I would check because the worker may not update the information correctly.