Federal Payments for Foster Care and Adoption Assistance in Bankruptcy

By Kara K. Gendron, Esquire, Mott & Gendron Law (Harrisburg, PA)

If a Chapter 13 Debtor has adopted a child who is eligible for assistance under Title IV-E of the Social Security Act, should those funds which were received in the six months prior to filing the petition be included in the Official Form 122C–1 Chapter 13 Statement of Current Monthly Income?

Title IV, Part E of the Social Security Act is titled "Federal Payments for Foster Care and Adoption Assistance." It was added to the Social Security Act through the Adoption Assistance and Child Welfare Act . . .

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