Staying Current on Child Support
One of the requirements for being in a Chapter 13 if you have a child support obligation is that you must be making all post-petition child support payments. If a Debtor is not current on child support payments, the Attorney General’s office can see to it that the confirmation of the plan is denied and the case gets dismissed.
The court is now requiring Domestic Support Obligation (DSO) Certificates be filed with the court at least 5 days before the pre-hearing confirmation, but after the 341 hearing. The DSO Certificate is an affidavit signed by the Debtor and notarized stating that the Debtor is current on all post-petition child support payments. This is only a requirement for a Debtor who is court ordered to pay child support.
The Attorney General can also get the case dismissed at any time during the bankruptcy if the Debtor is not making child support payments. The Attorney General just needs to file a motion with the court to dismiss and show the Debtor is behind on child support payments. This motion will either require the Debtor to get current or have the case dismissed.
