bankruptcy and child support

July 15th, 2009 by Questions

My husband moved to B.C where he claimed bankruptcy. I live in Ontario and due to his claiming I also had to as he was the sole provider. He owes alot of money for child support. He was finally sent a Federal Support Deduction Notice of which I have no idea what it is but I would like to know if Family Law has first priority over bankruptcy. For instance I know in bankruptcy you get GST and any income tax refunds but if he is in arrears will it be given to child support or for bankruptcy?
Thank You
Rampage

Posted from: Ontario

Questions

One Response to “bankruptcy and child support”



July 16, 2009 at 6:17 am, A licensed trustee said:

There is a super priority under bankruptcy law for any support arrears that accumulated in the 12 months beofr filing. You should speak to either your family lawyer or the trustee handling your ex’s bankruptcy about how the rules work and what you need to do in order to claim the priority.

You should also know that claims for support are NOT dischargeable by bankruptcy law – in other words, when the bankruptcy is done your ex will still have to pay whatever support it is he owes you.

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