chapter 13 and back domestic support

[chandler]

my ex husband owes a considerable amount in back support. SOme of this is because he lowered his income but the judge (domestic court) found he lowered it in bad faith so his amount of support is high relative to what he makes. This was 2 years ago and he has not made any attempt to earn more money. He is remarried and his spouse works on and off.

Twice he has been held in contempt for failure to pay and both times money was taken from his retirement to satisfy his obligation.

He now has filed chapter 7 but recieved a notice that it may be presumed abuse because he failed means test. He filed chapter 13 almost one year ago but it was dismissed because he had too much debt. I feel this current bankruptcy may drop to a chpt 13. If so, what will become of the back support owed? He pays some current support but never the amount ordered.

[HHM]

Nothing changes. Bankruptcy has NO effect on child support.

[chandler]

will I be paid by the chapter 13 plan? This would be great and would allow me not to have to incur the expense of filing contempt of court for back support or current support owed?

Because he was found by the domestic court to have lowered income in bad faith his current domestic support obligation is about 70% of his current income. He is not making an effort to earn more. Will this affect his repayment plan in any way. Does a domestic court order take precedence?

[lrprn]

The 2005 changes made to the bk law made the collection of domestic support obligations a much higher priority than they ever were before. As HHM said, past-due and current child and spousal support obligations are now specifically excluded from discharge.

A Chapter 13 filer must certify in his/her plan that domestic support obligations can be paid in full during the plan and that the confirmed plan provides for payment of pre-bankruptcy past-due domestic support obligations as well.

A Chapter 7 filer's child support responsiblities continue forward without any delay even while the case is active.

There's no hiding from his child support obligations if he files bankrutpcy, no matter which chapter he chooses. Your ex's Chapter 13 or Chapter 7 case may be dismissed if he fails to pay child support after filing.

Good luck - sounds like your ex is a selfish pain-in-the-** to work with Hope every thing works out in your favor.

[chandler]

thank you. I know bankruptcy is to give one a fresh start but I feel he is just trying to cheat the bankruptcy system like he continues to cheat his own children

He has a working spouse but filed as an individual. He included her income in his initial petition. Then a few weeks later he revised his petition and said she no longer works. I think he was deliberatley trying to lower his family income but if they look at the last 6 months it will show she worked.

He jsut had his creditors meeting and the pacer site has a statement from the clerk that this is a case of presumed abuse. What happens next. He was filing a 7 case

I do have an atty to represent me as a creditor. Do I jsut let him know if he doesn't pay his child and spousal support monthly? Will he let the trustee know this?

[debtinohio]

My ex is paid her back support from my plan. Mine was only behind due to a retroactive ruling when the child support was first awarded so I started out 8 months behind.

[Scootch]

I work in Child Support in Virginia, what usually happens when someone is in Chapter 13 is that he will have to pay current support while in the plan. I guess it would depend on the Trustee whether he makes it outside of the plan. If he does not pay child support while in 13, he cannot be discharged. However, there are no arrears payments (although Virginia charges 6% interest on the arrears). Usually we are able to take federal taxes, but in a 13, we have to stop since the Trustee will take that as well. If he is doing a 7, it wouldn't really make much difference, there may be a time while he is being confirmed that may prevent us from taking actions, but once he is confirmed, everything is back on. You may want to speak to your caseworker.