After a discharge from bankruptcy, child support lawyers can apply to the Registrar to recover the child support or maintenance debt relating to the period before the bankruptcy.
The bankrupt may apply to court for a specific order discharging him or her from all or part of the surviving debt including child support, or child or spousal maintenance debt. The Registrar will not discharge the child support or maintenance portion of a registered child support debt unless the court has made an order for this.
The Registrar cannot recover any pre-bankruptcy debt relating to a parentage over-payment order, or any penalties relating to that period, as these debts are not specially protected under the Bankruptcy Act. They are automatically discharged upon the bankrupt’s discharge from bankruptcy. After the bankrupt is discharged, child support lawyers may seek that the Registrar varies the child support Register to remove any amounts relating to penalties or registered parentage over-payment orders that were included in the provable debt, as these are not recoverable at law.
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For advice about what child support lawyers can do for you contact us on 1800 300 170 or email us at familylaw@matthewsfolbigg.com.au
Disclaimer
Family law situations can be complex and sometimes they can involve serious issues. Information outlined is proposed to provide general guidance only. Due to the seriousness of legal matters as well as the uniqueness of your individual situation, professional advice should be sought. For advice, please contact one of our Family Lawyers.
