Question
How long after I file bankruptcy will garnishment of my wages stop?
I filed for bankruptcy recently, but my paychecks are still being garnished for child support. Is there a way to stop this from happening? I thought the bankruptcy file would have covered this.LawQA.com Answer Library
Answered By: Eranthe Law Firm
Bankruptcy does not discharge your child support obligation. It is one of the few things that are still due and payable. Your should be better able to make the payments with your other debts cleared up.
Answer Applies to: California
Replied: 10/19/2011
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Answer Applies to: California
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Garnishment stops immediately with the filing of a bankruptcy petition with the bankruptcy court due to the "automatic stay."
Answer Applies to: Indiana
Replied: 10/16/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Indiana
Replied: 10/16/2011
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Answered By: AZ Law Group of Trezza & Associates
Bankruptcy will not stop child support payments, by wage assignment or otherwise.
Answer Applies to: Arizona
Replied: 10/15/2011
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Answer Applies to: Arizona
Replied: 10/15/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
They can still keep garnishing for child support.
Answer Applies to: California
Replied: 10/13/2011
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Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dan Wilson Bankruptcy
Child support is not dischargeable.
Answer Applies to: Colorado
Replied: 10/13/2011
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Answer Applies to: Colorado
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Paul Stuber, Attorney at Law
Bankruptcy does not stop child support. Most garnishments stop as soon as you file. You need to let the creditor and payroll know about the bankruptcy and it will stop. However child support is another story.
Answer Applies to: Colorado
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Harkess and Salter, LLC
Child support is not dischargable in bankruptcy. You have to continue to support your children.
Answer Applies to: Colorado
Replied: 10/12/2011
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Answer Applies to: Colorado
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Salas Firm
Garnishments for dischargeable debts stop immediately after filing. Child Support is a non-dischargeable obligation and typically will not stop.
Answer Applies to: Colorado
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Lehn Law, PA
In most cases bankruptcy will stop garnishments upon filing of your petition. However, child support is a non-dischargeable debt. It is not discharged in bankruptcy.
Answer Applies to: Florida
Replied: 10/12/2011
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Answer Applies to: Florida
Replied: 10/12/2011
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Answered By: Joseph Lehn, Esq
In most cases bankuptcy will stop garnishments upon filing of your petition. However, child support is a non-dischargeable debt. It is not discharged in bankruptcy.
Answer Applies to: Florida
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Darren Aronow, PC
If your attorney did not give proper notice to the sheriff that is garnishing your salary, then they may not know about it. Send a letter to the sheriff with a copy of your bankruptcy filing receipt. If they continue to garnish after they have been notified, then they are violating the "automatic stay".
Answer Applies to: New York
Replied: 10/12/2011
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Answer Applies to: New York
Replied: 10/12/2011
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Answered By: The Schreiber Law Firm
Childs support is not dischargeable and, if it is a Chapter 7, the garnishment is not against property of the estate is not against property of the estate (post filing wages in a Chapter 7 are not bankruptcy estate property), so the garnishment can continue.
Answer Applies to: California
Replied: 10/11/2011
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Answer Applies to: California
Replied: 10/11/2011
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Answered By: Ashman Law Office
It appears you filed pro se and have no clue what you are doing. Get a lawyer before you further screw things up.
Answer Applies to: Georgia
Replied: 10/11/2011
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Answer Applies to: Georgia
Replied: 10/11/2011
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Answered By: Charles Schneider, P.C.
Garnishment of wages will stop for debts other than domestic support obligations.
Answer Applies to: Michigan
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Michigan
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
Garnishments for child or spousal support are not affected by filing bankruptcy.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of James Wingfield
Bankruptcy will have no effect the amount of money that is being collected by the Department of Revenue for Child Support.
Answer Applies to: Massachusetts
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Braunstein Wisehart LLC
Priority unsecured debts such as child support are non-dischargeable in bankruptcy.
Answer Applies to: Oregon
Replied: 10/11/2011
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Answer Applies to: Oregon
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Carballo Law Offices
Child support is an exception and will not be discharged in the bankruptcy case.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Harry L Styron
Child support is not dischargeable in bankruptcy and not subject to the automatic stay. You should expect the wage withholding to continue until the last of the children reaches 19 or graduates from high school, whichever first occurs.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Xochitl Anita Quezada
Garnishment will stop for most creditors but child support is a different. Child support is not dischargeable and therefore not stayed by the court. I suggest you file a motion for modification of payments on the arrears and get those reduced. This would be done in family law court.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Symmes Law Group, PLLC
Garnishment of your wages will stop immediately after filing for bankruptcy so long as your employer receives notice before payroll is processed.
Answer Applies to: Washington
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Washington
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Robert P. Taylor
Bankruptcy does not stop a garnishment for child or spousal support.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Eliza Ghanooni, Attorney at Law
Bankruptcy does not get rid of domestic support orders. They can continue to garnish you.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
If you filed Chapter 7 the garnishment will not stop for child support. Thus, the garnishment will continue despite filing bankruptcy. If you filed Chapter 13, then you need to contact your payroll person to stop the garnishment as well as the person and entity who issued the garnishment.
Answer Applies to: Colorado
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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