Fremont Bankruptcy: Domestic Support Obligations

Your ability to support your family is important.  The courts recognize this fact and your domestic support obligations are priority when filing for bankruptcy.  Any domestic support obligations will be accommodated before any of your other unsecured debts if you choose to file for Chapter 13 bankruptcy.  But creditors of secured debts and administrative fees must get paid before considering your domestic support obligations.

An automatic stay will not stop a domestic support collection regarding a property that is not part of your estate. Property that is usually not considered property of the estate, such as your page after a Chapter 7 petition, or a pension plan, can still be used to satisfy a domestic support obligation.

Under new law that went into effect October 2005, an automatic stay will also not prevent a license suspension or a tax refund offset.  The “establishment” or “modification” of a domestic support obligation will also not be effected by the automatic stay.  For more information about getting started with your bankruptcy, call a knowledgeable Fremont attorney at Sagaria Law.

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