Domestic Support in Bankruptcy Minneapolis, Minnesota
You will hear the term domestic assistance throughout your bankruptcy case. For example, your attorney might ask about it during the initial consultation, the trustee may ask if the court ordered agreement is paid during your 341 Hearing, or you will be asked at the end of a chapter 13 case if your payments are current. What is domestic support?
Domestic Support is child support, maintenance and alimony obligations. You must list whether you receive domestic assistance and whether you pay it when you file for bankruptcy.
If you owe domestic support payments, you will likely list the person to whom you pay as a creditor when you file your bankruptcy case. The trustee will send a letter to the person you pay domestic support to inform them that you have filed bankruptcy. Domestic support obligations are not discharged by bankruptcy. If you are behind in child support or alimony and have filed a Chapter 13 case, the Chapter 13 plan can be used to catch up on those payments. After the plan has been filed, you must continue to pay child support or alimony when it becomes due. You will need to catch up on your child support or alimony obligations if you filed a Chapter 7 case and are behind. This is because the Chapter 7 case does not have a plan payment or plan.
If domestic support is paid to you, you must list it in your bankruptcy case as an asset, as income and disclose it in your means test, based on the amount you received in the 6 months prior to filing.
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