Ex husband in Chapter 13 and late on child support

[shadowb]

I am hoping someone can offer me some insight. First of all, I am kinda an innocent wife in this whole mess. My ex had created a lot of debt which mainly included not paying the IRS (we were on payment plan with them due to self-employment that he had before he went to work full-time). We filed Chapter 13 in 2007. In January 2009 he blindsided me by walking out and a week later I received divorce papers (he was having an affair). I found out later after bringing my laptop which he kept with him that the months leading up to the chapter 13, he was quite busy on singles chat rooms, etc., etc. At any rate, not long after he left I found out through my CPA that he had inquired about a tax attorney. Soon after I received motion filed where he was separating our case. Long story I know, but my ex's attorney forced me into a chapter 7. IN the meanwhile by June I finally was able to get child support court ordered and just recently (February) the judge awarded me temporary alimony plus arrearages. Throughout 2009, particularly after June he has remained behind in his payments and now is still behind and hasn't even touched any arrearages. I am so tired of not being able to afford anything and not being able to pay for bills, I am planning on submitting paperwork to the CSEA. However, my divorce attorney is worried that my ex's BK lawyer may look at me as a collector and file a motion for harrassment or something. Does anybody have some insight on this as well as how I should proceed.

[Scootch]

I work in Child Support Enforcement and I would recommend that you apply to your state's child support enforcement agency immediately. He has to pay child support (not sure about alimony) while in Bankruptcy. The only thing Child Support may not be able to do while in Bankruptcy is to go after arrears. Child support can even do a wage withholding while in Bankruptcy.

[AngelinaCatHub]

He is under a Court Order for temporary support. I doubt that that is tolled in the automatic stay as it is an Order like a fine that cannot be discharged without legal action against it.

This guy sounds like a real "piece of work". I hope he loses his girlfriend as he lost a family and probably the love of his child/children. 'Hub