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Child Support and Chapter 13
Posted: Thu Jan 31, 2013 2:16 pm
by Yahoo Bot
Larry:
Is current post-petition support being paid through DCCS? If so, isn't it a set amount per pay period. I don't think that it (CURRENT SUPPORT) changes based on the size of the check without a court order from family court.
If the PAST support is being paid through a confirmed plan, then isn't that confirmation order binding on the DCCS? If your client uses the severence to continue to pay plan payments and current support as it becomes due, while he looks for a job, I'm not sure how the DCCS will be involved.
-Jeffrey B. Smith**
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd. #1700
Long Beach, CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular
www.expertbk.com
**Certified By The State Bar
Of California As A Specialist
In Bankruptcy Law
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> I have a client in a confirmed chapter 13 plan. He is paying arrears on a mortgage, taxes and support arrears. Just found out he lost his job and will be receiving a severance. Debtor is concerned that the the department of child services will take a portion of the severance pay.
>
> I know that collection of the support is not within the scope of the automatic stay, but am wondering if the DCSS can put in a demand for withholding of a portion of the severance.
>
The post was migrated from Yahoo.
Child Support and Chapter 13
Posted: Wed Jan 30, 2013 2:27 pm
by Yahoo Bot
A severance check is treated as a paycheck. If it is a larger amount, more taxes are withheld and DCCS can go after severance as it can any paycheck. There would not be a special request by DCCS, just the same earnings withholding order.
Mark Jessee
Sent from my iPhone
On Jan 30, 2013, at 1:54 PM, "lsimons_esq" wrote:
> I have a client in a confirmed chapter 13 plan. He is paying arrears on a mortgage, taxes and support arrears. Just found out he lost his job and will be receiving a severance. Debtor is concerned that the the department of child services will take a portion of the severance pay.
>
> I know that collection of the support is not within the scope of the automatic stay, but am wondering if the DCSS can put in a demand for withholding of a portion of the severance.
>
>
The post was migrated from Yahoo.
Child Support and Chapter 13
Posted: Wed Jan 30, 2013 1:54 pm
by Yahoo Bot
I have a client in a confirmed chapter 13 plan. He is paying arrears on a mortgage, taxes and support arrears. Just found out he lost his job and will be receiving a severance. Debtor is concerned that the the department of child services will take a portion of the severance pay.
I know that collection of the support is not within the scope of the automatic stay, but am wondering if the DCSS can put in a demand for withholding of a portion of the severance.
The post was migrated from Yahoo.