child support and bankruptcy

Re: child support and bankruptcy

• scout426 member

  September 2012

  I don't know but I would guess as long as he still has the same job then no.  I've never heard of debt being taken into consideration when figuring out child support.  Good Luck

  Warning No formatter is installed for the format bbhtml

  Report0 Reply
• Loading the player...
• sweetie0228 member

  September 2012

  No the CS amount will not be affected by bankruptcy and if he has back support owed it will not be wiped away clean by a bankruptcy just like a student loan it's on there till it's paid.

  CS is based on income only.

  

  Report0 Reply
• dmndsr4eva member

  September 2012

  Child support is based on income not debt.  In my state it is calculated by income, daycare expense and medical expense for the child.

  Report0 Reply
• March2013FTM member

  September 2012

  As a professional paralegal, I can tell you no, it will not effect CS. And any back CS owed, as someone else said, is not wiped clean. 

  Its better for you, anyway. He can't argue in court that he can't afford CS - he filed BK and has no debt. AND he has to maintain payments while in BK.  

  I'm surprised he qualified for BK at $80k a year if you have custody - he probably is doing Chapter 13, which is restructurization.  He can't include you as a creditor.

  Report0 Reply
• tampacop

  September 2012

  Yes he is filing chapter 13.  The judge granted my daughter child support along with back pay.  He actually asked at cs be stalled another three weeks so he can pay his bankruptcy atty this Friday, the judge said NO, cs starts this week

  Report0 Reply
• March2013FTM member

  September 2012

  Good. You don't get to pay for your daughter when it is convenient, and neither does he. He's not paying his creditors right now anyway! 

  Report0 Reply