Community› The Bump Message Boards› Single Parents
Single Parents
New Discussion
Options

child support and bankruptcy

tampacoptampacop
in Single Parents
Does anyone know if child supoort can be affected by the other half filing for bankruptcy?  We have a temp support hearing tomorrow and I was informed today that he is filing for bankruptcy? He makes 80,000 a year, grrr....I want to wake up from this mess
Report Reply to Post

Re: child support and bankruptcy

  • Options
    scout426scout426 member
    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
    Report Reply
  • Options
    sweetie0228sweetie0228 member

    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.

    Image and video hosting by TinyPic
    Report Reply
  • Loading the player...
  • Options
    dmndsr4evadmndsr4eva member
    Child support is based on income not debt.  In my state it is calculated by income, daycare expense and medical expense for the child.
    Report Reply
  • Options
    March2013FTMMarch2013FTM member

    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.

    Report Reply
  • Options
    tampacoptampacop
    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
    Report Reply
  • Options
    March2013FTMMarch2013FTM member
    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! 
    Report Reply
This discussion has been closed.
Choose Another Board
Search Boards
"
"