Can bankruptcy effect the payment of child support?
My brother-in-law is a real piece of work. He has two children, neither one he takes cares of or presently pays child support for. However, he makes sure that every year he claims them on his taxes so he gets extra money back for them. The mother is now taking him to court to get child support. We found out the other day that he is going to declare bankruptcy to try to get out of paying the child support. Will it work?
December 27th, 2008 at 4:30 pm
nope and if the IRS finds out the kids don’t live with him at least 6 months out of the year they will hang him out to dry.
December 28th, 2008 at 10:13 pm
if he is earning they will take a % out of what he is earning not what he has lost it dosnt count that he is bankrupt only if he isnt earning but if not he will be on benifits and they will just take it from there 2
December 29th, 2008 at 5:36 am
No child support is not effected by bankruptcy. And if the children do not live with him for 6-months out of every year? He is not entitled to claim them on his taxes. Why does’ your sister let him do this anyway?
I would report him to the I.R.S. if I were you.
December 30th, 2008 at 4:55 pm
first of all you sister can dispute him claiming them since he doesnt have them she does. if you dont have any income you cant pay child support . if he does still have a job he still has to pay take his behind to court. it may affect the amount a little but not the requirement
December 31st, 2008 at 3:18 am
Not only are domestic support obligations like child support non-dischargeable, the are paid as first priority claims from any of a bankrupt debtor’s assets. Moreover, exempt assets can nevertheless be utilized to satisfy domestic support obligations.
So bankruptcy won’t let him get out of past, present or future child support obligations.
January 1st, 2009 at 11:19 am
NOPE he cant.
the basics;
there are no “fathers rights” in child support
there are no “mothers rights” in child support
there are ONLY the childs rights.
the state and federal government are TIRED of parents not paying for thier children, so they passed stronger laws. they are tired of paying for these kids (welfare), and finally realized its the main cause for families being forced onto welfare; NO CHILD SUPPORT.
years ago (MANY YEARS AGO) they allowed that crap (and more) to go on… but not today.
GONE are the days of hiding til the child hits 18; today, arrears are FOREVER. no more screwing little kids, thank God. even if that child is now 30 and getting married, he STILL owes that money to the mother.
as for claiming the children on his taxes even though he didnt pay more then half of their living expenses (let alone anything) and they didnt reside w/him for a certain amount of months out of the year…. i would report his ass to the IRS.
well, the honor system doenst work, thats for sure.
if your on good terms with the deadbeats ex, give her all of these links; she’ll need ‘em. tell her that if her caseworker isnt on the ball, that she needs to pull rank on ‘em and report he case to her states Regional FEDERAL Child Support Office.
DEADBEATS
CHILD SUPPORT CALCULATOR
ABANDONMENT (NO SHOW PARENTS)
NOT ALL PARENTS LOVE THEIR CHILDREN
And “RATIONAL LIES”
FREE LEGAL HELP IN YOUR STATE
(just click on your state to find contact info)
LAWS
STATS
FINDING DEADBEATS
(and background cks to find them)&
FED AGENCIES
REGIONAL FEDERAL CHILD SUPPORT OFFICES
FACTS AND REGIONAL FEDERAL CS OFFICE INFO
SSI AND CHILD SUPPORT
FIND YOUR REPS
CHILD SUPPORT LIEN NETWORK
(some states work with them)
COLLECTORS
TAX INFO
REPORT DEADBEATS
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices),,id=106778,00.html
SEX OFFENDERS
January 3rd, 2009 at 8:32 am
He is about to get a reality check it sounds like… by not paying child support, he will be labeled as a dead-beat dad. His wages will be garnished for child support, then for the back taxes that he is going to owe for the false deduction claims that he filed for the children…
Check out the below site if you want to have some of your filing expenses paid for this year however…
January 4th, 2009 at 12:42 am
No. It does not matter what he does. The only way he does not have to pay child support, is if he does not have any income. He sounds like the biggest dirtball on the planet.
As far as the mother letting him claim them on his taxes, that is crap. Since they live with her, and he obviously does not financially support them, she has more rights to claim them than he does. She should file taxes, and claim them. When the IRS audits them both, he will have to pay them back, not her. I would not let that piece of s*** get away with it.
He is still going to have to pay child support. The only thing that bankruptcy does, is prevent him from getting any credit.