Modifications to Chapter 13 plan in Ohio

[mclawdawg]

Hello everyone, I'm writing this because this is my first modification request I've had to do on my plan and I've only been in my plan for about 8 months. In a nutshell I was paying $400 for a Car Payment from girlfriend at the time. We decided to go our separate ways and she is now selling the van since the car market value is through the roof. I just moved into a new house & now I am now stuck with looking for a car. On top of this, I now have to pay child support. I really only have a few questions here, but they are complex any guidance is always appreciated.

1.) I've reached to my lawyer & requested to have two trustee payments pushed back in order to help me regenerate the money I saved for a deposit on the house I moved into. Is this usually successful in this scenario?

2.) Since the Car Note of $400 is going away, I know I'll have to report that to the trustee & this will most likely increase my payment correct?

3.) Lasty the complex question! --- I have Child Support for my 8 year old who's mother just quit her job... and if I go set the new child up for support I feel like they are going to just deplete me for more. My recent ex & I have decided we want to avoid the courts at all cost and that the same amount that the previous mother gets would be sufficient to take care of our new child. I've informed my lawyer about the new Child Support, he is looking into what to do (but will the trustee allow payments behind closed doors for Child Support so I don't have to get my Child Support re-evaluated?)

Thank you all for taking the time to read this! I hope you are having a wonderful day.

[Carmella]

Naturally talking with the attorney is best.

As for your $400 car note. You need a car. I would "THINK" you would be able to keep that $400 to go towards a new car payment. Or at least that could be put forth as a reason. If you are buying a car with a loan you most likely need to go through the procedure with the attorney/trustee/court to allow you take on new debt.

I would check out more about the child support and I am not saying this because of the BK. During at work conversation two different people at work have friend/family who had child support problems. You probably should seek legal advice. What happened to these men was that they paid some money off record and then the mother actually went to court and the money the men paid was not counted as child support and the men had to pay more. Now I don't know the situation or dynamics with your ex. But personally I think you should protect yourself and do it the correct way so you don't get burnt later. If you ex plays games or would want to "get back" at you for some reason be extra careful, but just be careful in general.

Your BK attorney should be able to tell you how it works with child support. I would again "THINK" that since you are supporting your child that is an acceptable expense and worked in the budget some how. Not that this is legal since I have no idea what the law says, but for a minor child you have to support them so I would think your BK payment should accommodate that unless that's already figured into your plan because you were supporting the child prior to BK.

It sounds like you are doing the right thing getting advice from your attorney. But honestly see what is best for you as a parent paying basically child support under the table where there isn't a record you actually paid. You don't want to end up being told you owe support since it never went through legal channels.

I wish you the best and please keep us updated with what your attorney recommends.

[Clay3007]

Whatever you do with the child support get a judge to sign it. If she gets a bug up her a** 9 years from now she can go for back support and it may go as far back as when the child was born unless you can prove you provided for it during a time. Friend of mine went threw it

[Carmella]

Whatever you do with the child support get a judge to sign it. If she gets a bug up her a** 9 years from now she can go for back support and it may go as far back as when the child was born unless you can prove you provided for it during a time. Friend of mine went threw it

This is what I have heard as well even if paying it's hard to prove the money was actually child support not just money given to some one . Stupid as that sounds.

mclawdawg protect yourself and get advice from an attorney who knows the Ohio laws regarding child support.

[mclawdawg]

Thank you Carmella. Yeah I think the best course of action would be to set it up as normal. Really hate the system but I guess that's what it's there for.

Quick update: I found a very promising car situation $500 for truck where my friend who's a mechanic will fix it for free $200 part ($2500 labor). This trucks value turns into around $5,000. Am I allowed to proceed to do this, like do I have to notify anyone? This also means that $400 car payment will be going away.

Regards.

[Carmella]

Are you saying you only have to pay $500 for the truck and then there's no car payment?

That's wonderful your friend can fix it for you!!

If the $400 car payment is part of your plan, even if you paid "outside" the plan (meaning you paid direct not thru trustee) you probably need to tell your attorney. Maybe if you are dealing with the child support which sounds like it could be higher than what you would like to pay direct to the mom then maybe it will work out ok, I am assuming you will have no car payment; if it's a $500 monthly payment then that's another scenario.

As far as the child support issue I think all men ( or women pay child support) should go through legal channels to protect themselves. I am all for the parent who doesn't live with the child paying support, it's their responsibility, but I absolutely hate it when the parent (typically women) take advantage of the situation. I am cynical enough not to trust anyone because we don't know what the future holds.

[mclawdawg]

Yes only $500 for the truck & I'm blessed to have such great support with friends to help me out. I agree Carmella, sadly my entire life I've been way too good to people and all they've done is take and put me into a hole. After reading this I will go do it the legal way. Thank you everyone for your help on here I really appreciate the daily posters and admins on this forum. Seriously the most helpful thing ever.