How to handle re-payment without violating bankruptcy law?
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How to handle re-payment without violating bankruptcy law?
My ex-wife filed for bankruptcy and is paying a monthly payment for 3 years. My taxes where sent to her for back payfor child support. Can she give me a lump sum of it back by check or cash, or will it effect her bankruptcy case?
Asked on February 9, 2011 under Bankruptcy Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am a little confused as to why she would need to giveyoui a lump sum repayment of money that you owe for back child support. If the government sent it to her pursuant to an order it is not your but hers. And it is doubtful - although I would check with a bankruptcy attorney - that it would be considered income for re-distribution to creditors since it is going to support your children. Also, if the bankruptcy has already been discharged, and it was considered a form of deferred or owed income, it would already have been accounted for in the plan. If I am not understanding you I would suggest that you seek help from ana ttorney in your area for clarification - after you clarify for them what it is you believe the situation to be.
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