- Husband in Chapter 13 Bankruptcy
- Wife applied in State Court for additional support due to college expenses for dependents.
- Wife asked bankruptcy court permission to pursue additional support application in State Court.
- Bankruptcy court encourages state court judges hearing domestic relations cases to make the determination on violations of stay.
- Although unopposed, the wife’s request was denied.
- Bankruptcy Court ruled state courts can decide domestic support cases without approval from Bankruptcy Court.
- While state courts, cannot modify the bankruptcy stay, they can determine if the relief requested violates the stay in the context of modifying a child support order.
These stays affect so few of proceedings before them that the Bankruptcy Court encourages state judges to rule on these.