October 12, 2009
Does Bankruptcy Eliminate Child Support In Some Cases?
I think this is pretty ridiculous, because in this case the child suffers here. A Georgia woman is being held personally liable for seeking child support payments from former University of Alabama and pro basketball player Jason Caffey after he had filed for bankruptcy protection.
U.S. Bankruptcy Judge Margaret A. Mahoney ordered Karen Russell to pay Caffey $57,470.50 after determining that an arrest warrant issued against the former Davidson High School standout violated rules prohibiting creditors from seeking debt collection during bankruptcy proceedings. Which seems like an oxymoron in my opinion.
At least here in California, child support payments are excluded in a Bankruptcy proceeding and thus it would seem absurd to fine someone who is attempting to collect child support payments. Each parent is financially responsible for caring for their children, bankruptcy doesn’t eliminate that responsibility and it seems as though mom is being punished here for collecting what she is owed. I truly hope someone takes a good look at this case and determines (like I have) that there is obviously a problem!
Caffey once starred at the University of Alabama before playing seven years in the NBA. Lately, he’s known more for fathering 10 children by eight different women. Many of those women – including Russell – have sued for child support, which prompted him to file for Chapter 11 protection in August 2007.
