I have filed a motion for an increase in child support. What happens to my motion if my ex-husband files for bankruptcy?
In most cases, the family court will not hear the support motion until the bankruptcy case is finished. Some judges will rule on the motion, and hold that the automatic stay does not bar the family court from considering the motion. Other judges will require that the moving party to obtain stay relief. In simpler terms, stay relief means that the Bankruptcy Court issues an order that permits the moving spouse to continue her family court motion. To obtain stay relief, the moving spouse will have to obtain an order from the Bankruptcy Court that permits her to continue to pursue her motion requesting an increase in support. In the majority of cases, a Bankruptcy Court routinely grants these types of motions.
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