Posted by Lindsey on 9/27/09

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Hello, Any advice you may have with regard to the
following, is greatly appreciated!

Scenario: Custodial parent (CP) had child support order &
was entitled to large sum of arrears, which CP was aware of
but had not filed to have the support order enforced. CP
then filed for chapter 7 bankruptcy(BK). On BK petition,
when asked if “there are any support, etc. orders that
debtor is or may be entitled to?” CP listed NONE. CP also
list NONE on several other questions regarding support.

2 months after the “final decree” order in CP’s BK case, CP
contacted the local DCSS & filed to have support order &
arrears enforced against NCP.

Q: How would this impact the CP if the BK court was aware
of nondisclosure?
Q: Does NCP have a “judicial estoppel” or “equitable
estoppel” defense to set aside arrears balance & original
support order?
Thank you!

Child Support, Bankruptcy, & Estoppel, 9/27/09, by Lindsey.

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