Stop NJ Wage Garnishments for Child Support-Chapter 13 Bankruptcy

Wage Garnishments, Chapter 13 bankruptcy, Child support
Wage garnishments by the State of New Jersey are not permitted when you are in a Chapter 13 Bankruptcy.   All creditors, even the State, must abide by the Bankruptcy Court rules.   The State of New Jersey must stop wage garnishments for child support when you file a Chapter 13 bankruptcy. The State Courts do not have the right to argue to issue wage garnishments when you file a Chapter 13 Bankruptcy.    Bankruptcy Court rules are binding. Here is an example of one case related to Child Support in a Chapter 13 Bankruptcy

Child Support Chapter 13

  • Debtor was behind in Child Support Payments.
  • State garnished debtor’s wages
  • Debtor filed a Chapter 13 Bankruptcy
  • Child Support Payments were included in the Plan as well as the arrearages
  • State continued to garnish debtor’s paycheck
  • Debtor requested State stop garnishments
  • State would not stop garnishments.
 Stop NJ Wage Garnishments for Child Support Ruling
  • Once a Chapter 13 is confirmed, all parties must abide by the payments through the Plan
  • Debts of child support are non-dischargeable and were being paid through the Plan
  • Bankruptcy Court ordered that the State stop the Wage Garnishments
State could not argue this Case in a State Court proceeding; Bankruptcy Court ruling is binding.   The State of New Jersey does not have jurisdiction while you are in Chapter 13 Bankruptcy. Knowing your rights while in a Chapter 13 Bankruptcy is important.    Bankruptcy Protection is your right. If you are considering filing for bankruptcy, I provide a free bankruptcy consultation.   Contact me today.   Also, please read my client reviews – I care about my clients’ financial success.   When you hire, I represent you and continue to work with you throughout the entire case and beyond.    You are never passed on to an associate.