Or at least I think so 
We've been in Chapter 13 for 18 months - doing....ok. Living within our means, making sure every payment is in and on time.
Long story short - my son moved up to his dad's last year for a "fresh start" - got in with a bad crowd down here, etc. We decided to see if he would prosper in a new school, new environment, etc. (he hasn't....sigh)
When he moved to dad's (I didn't give up any form of custody), Dad and I agreed I would continue to pay medical, dental and cellphone - no support necessary since things have always been kosher between the two of us.
Tax time rolls around this year - my divorce agreement states that I claim my son. No custody requirements, etc. I claim him. Period.
Apparently Dad didn't like this - and has now filed a Complaint for Modification in family court, request "retroactive physical custody" back to when he moved up there last year; to be able to claim my son on his taxes (which I offered up anyhow starting with tax year 2013), and of course, now he wants support.
I never notified my Trustee that I had lost child support as of last year (since I didn't really think this move would be permanent). Now that I am more than likely going to be coughing up a pretty penny for support, do I have to go back into court and try and have my monthly payment modified? How does this all work?
We've been in Chapter 13 for 18 months - doing....ok. Living within our means, making sure every payment is in and on time.
Long story short - my son moved up to his dad's last year for a "fresh start" - got in with a bad crowd down here, etc. We decided to see if he would prosper in a new school, new environment, etc. (he hasn't....sigh)
When he moved to dad's (I didn't give up any form of custody), Dad and I agreed I would continue to pay medical, dental and cellphone - no support necessary since things have always been kosher between the two of us.
Tax time rolls around this year - my divorce agreement states that I claim my son. No custody requirements, etc. I claim him. Period.
Apparently Dad didn't like this - and has now filed a Complaint for Modification in family court, request "retroactive physical custody" back to when he moved up there last year; to be able to claim my son on his taxes (which I offered up anyhow starting with tax year 2013), and of course, now he wants support.
I never notified my Trustee that I had lost child support as of last year (since I didn't really think this move would be permanent). Now that I am more than likely going to be coughing up a pretty penny for support, do I have to go back into court and try and have my monthly payment modified? How does this all work?
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