BANKRUPTCY ATTORNEY QUESTION FROM PORT RICHEY, FLORIDA
A man by the name of Chino, living in Port Richey, Florida asks the Bankruptcy Attorney, I received a paper titled Certificates for Domestic Support Obligation, and I am in a Chapter 13 Bankruptcy. What does this mean? Thank you, Chino of Port Richey, Florida. To begin, I have attached the actual Form used by probably many Bankruptcy Attorneys: Click here to download the form.
The standard Domestic Support Obligation Form used in Bankruptcy Proceedings, at least in the Middle District of Florida, Tampa Division would probably appear similar to the Form that is featured above. The first Part of the Domestic Support Obligation Form questions whether the Debtor either:
- Owed no domestic support obligation, such as Alimony of Child Support when the Bankruptcy was filed AND has not been required to pay any domestic support obligation since thenOR
- The Debtor is required to pay a domestic support obligation AND has paid all obligations since the time of the filing of the Bankruptcy.
Under Part I there is no option that states the Debtor has Domestic Support Obligations, but he or she has not paid, or is delinquent in those Domestic Support Obligations.
If the Debtor is required to pay a Domestic Support Obligation, AND the Debtor has paid all of his Domestic Support Obligations through both the Chapter 13 Plan and any other Amounts that became due since the filing of the Bankruptcy Petition, then the Debtor must then provide in Part II of the Certificates Of Domestic Support Obligation Form, the Debtor’s Current Address AND the Name and Current Address of the Debtor’s Employer.
Part III of the Form entitled Chapter 13 Debtor’s Certifications Regarding Domestic Support Obligations And Section 522(q) questions whether the Debtor has claimed an Exemption in Property pursuant to Bankruptcy Code Section 522(b)(3) and State and Local Law.
Part IV of the Domestic Support Obligation Form states the Debtor’s Signature. By signing the Form, the Debtor is asserting under Penalty of Perjury, that the representations he has made in answering the former Parts of the Certificate, are True and Correct, to the Best of the Debtor’s Knowledge and Belief.
The Domestic Support Obligation in Bankruptcy includes any monies owed to any of the Parties below:
- Former Spouse;
- Child or Children;
- Guardian of the Child or Children;
- Governmental Unit
Domestic Support Obligation, in Bankruptcy Law, includes Alimony, Maintenance and Support, including Assistance by a Governmental Unit. Such Domestic Support Obligations can come through a Property Settlement Agreement, Divorce Decree, a Separation Agreement, or through Governmental Action to collect from a Debtor monies for Governmental Assistance provided to any of the above Parties, due to the delinquency of the Debtor in paying such Domestic Support Obligations.
Part II of the Domestic Support Obligation in Bankruptcy Series will discuss How Are Attorney Fees in Divorce Proceedings or Family Court Litigation treated in Bankruptcy.
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