Collecting Child Support arrears while in Chapter 13

[TwinsMom]

Hi, I have a question about child support arrears.

My husband has arrears for child support from when he was in college and couldn't afford the full amount every month, that being said he is now paying the arreras.

His normal monthly amount is $371 for child support and then the state had him pay 92 a month for arrears. Because the order was all set and good to go the trustee didn't make him put it in the the Ch 13 plan.

Well his ex wife decided to quit her job ( she actually did quit) and is now petitioning the court to get more in arrearages, so they bumped it up to $422 a month for the arrears plus the 371 for current he's paying.

As I'm sure most in a 13 plan know, your on a tight budget and this extra $328 a month doesn't fit our budget at all. I have heard that the state can't actually collect arrears while your in Chapter 13, but I'm not sure if that's correct. (Waiting for our attorney to call back, but he's in court all day)

I'm pretty panicked about this because we're on such a tight budget., we just got permission to purchase a car so I can return to work, but if they are going to take that $328, there goes my insurance and payment out the window.

Any ideas??

Oh and we are in Michigan and his ex wife is in Alabama, but michigan handles the collection of money.

Thank you!

[krielly]

You don't say how much your Chapt 13 payment is at this point.

It may be possible to modify your Chapter 13 plan to include the additional amount he now has to pay for arrears.

The arrears would be treated as a priority debt, I believe, and as a result, the amount your unsecureds are now receiving in your plan would be reduced.....

[TwinsMom]

We actually just got our answer today, they can not collect the arrears while in the Plan so no extra wage garnishment. Phew! Thanks though!

[Mautone]

Your Chapter 13 Plan can and must provide for all back support payments up to the filing date. The back support is a priority claim and, unless the recipient of the support agrees otherwise, must be paid through the Plan. Further all future support payments must be made directly to the recipient as ordered by the State court. Failure to remain post petition current is grounds for the dismissal of the bk.