What If I Need to pay Money For Child Support And Wish To Register Bankruptcy?In the event of a divorce, one parent compensates the other parent the child with the custody of the child, the support, to help with the expenses of parenting the child. The government laws and regulations insist upon safeguarding the child and also his legal rights to attain financial assistance from their parents. The non-custodial parent provides monetary assistance as his duty as well as gives the child support money to the custodial parent. Even though it's the case of joint custody, a person has to however pay child support, which gets confirmed during the divorces. If the parent responsible for giving child support does not compensate, he or she is regarded as being in arrears and the money has to be repaid since it is considered a financial debt.

Can declaring bankruptcy help?

In case a person owe funds for child support and wish to file bankruptcy, then it is strongly recommended to make contact with a trusted Queens Bankruptcy Attorney. Child support will stay with you even in bankruptcy, and one just can't discharge those overdue amounts connected with child support. The thing you need is some

excellent legal guidance. Even if you register bankruptcy, it does not signify you can get rid of your liability to pay for child support or alimony. Hence, reported by Attorney David Shapiro, you might register for a bankruptcy, but won't get discharged for child support or your debt for overdue child support.

The 2005 Bankruptcy Act

One must be aware of an important change which was created by the 2005 Bankruptcy Act that in case any your property are used to compensate your creditors, your ex-spouse will receive money before anyone else and maintain the child support expenses. The new bankruptcy law, hence makes sure that the interests of your child and ex-spouse get safe first then the other lenders. Your belongings would be used to compensate overdue help or spousal support, and those overdue support or alimony cannot be annulled similar to various other debts. In the other significant transformation, as Queens bankruptcy lawyer David Shapiro describes, financial obligations from a property and asset settlement can't get canceled in a Chapter 7 Bankruptcy.

If your ex-spouse files a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy

In case your ex-spouse files a Bankruptcy and owes your child support, he or she has to alert you about the processing and provide you the correct information to the way to acquire help through the state bureau of child support. If one is informed, they must instantly submit a Proof of Claim form with the bankruptcy court in order to declare how much is owed to the child support, alimony or perhaps a property settlement. A person needs to speak to a Attorney David Shapiro, that is dependable name and proficient in these kinds of cases. It is vital to submit in time, or you would possibly not get paid.

However, declaring bankruptcy does not mean that your ex-spouse can easily clear away his responsibility of paying alimony or child support. Under the new 2005 Bankruptcy Act, any bad debts for alimony and child support are the concern.

Zelenitz, Shapiro & D'Agostino, P.C.

138-44 Queens BoulevardQueens, New York 11435

(718) 599-1111

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