Child support

[Staceyt]

I'm 4 years into my 13 and was recently awarded child support. I had my case severed from the ex early this year and his portion of the 13 was dismissed a couple months ago. Do you think the trustee will take all of my child support or will I be allowed to keep a portion?

[justbroke]

That is a question for you and your attorney. What you would do is look at the impact by adjusting your numbers on your Means Test (Form B22-C for Chapter 13s). I am sure that if you divorced or separated, your expenses changed. You no longer have the ex-spouse's income and even with the child support, you may have less overall income to support your family. This can only be flushed out by doing another Form B22-C and adding in any additional expense to offset the child support.

Typical Chapter 13 Trustees will tell you that they do not motion for modifying a confirmed plan to raise a payment except in cases where it is extreme (some say more than 10% difference). A Trustee is not going to take child support when there is a child.

Again, the key is a new Form B22-C Means Test and figure this out.

[despritfreya]

I will respectfully disagree with JB as it relates to form B22-C. The form is time sensitive dealing with the 6 month window prior to filing and is not subject to revision at a later date. Further, child support, while initially included in the "income" calculation, is removed from means testing for the purpose of Chapter 13 determination of disposable income (See line 54). What is subject to revision is Schedule I and J. Fortunately, it is unlikely that a Trustee will require such unless you attempt to modify your Plan. You have, I assume, a confirmed plan and so long as payments are made, no one will be looking.

If you were forced to modify the Plan and file an Amended Schedule I and J then the support would be reported because you would most likely need the additional "income" to support your ability to make the Plan payments.

Of course, when in doubt, discuss this with your attny.

Des.

[justbroke]

I don't disagree with you des. In our District, we do file amended B22Cs for a modification as well as Schedule I and J (which I forgot to mention). For some reason, our Trustees still use the Means Test (B22C) exclusively for determining disposable income for over-the-median income filers. At least this was still the case last year.

I was suggesting the B22C solely for making the calculations only. There was a change in household composition (with the bifurcation of the case between the ex-spouses) and to determine that impact; maybe that was already done.

[despritfreya]

JB

I was wondering about that B22 form in your district - which makes absolutely no sense to use after filing because it is specific to a certain time-frame and the decision in Lanning.

Des.

[justbroke]

You're right Des. I looked and don't really see anything after the In Re Lanning decision. I do notice that several Trustees still lean on B22C for over-the-median Chapter 13 cases where the debtor does not appear to have any change of circumstances (or anticipated changes).

I never meant to imply, or say, that Florida is perfect. Remember, our Appeals circuit allows lien strips in Chapter 7 cases!

[despritfreya]

Remember, our Appeals circuit allows lien strips in Chapter 7 cases!

To which all circuits could learn a thing or two and follow suit!

Des.

[justbroke]

We could only hope! The Supreme Court refused to hear the case. But, we get to keep it in Florida, Georgia and Alabama!

[Staceyt]

Fyi guys...we revised my schedules and my payments went up a bit more than $250/mo. I will get to keep some of the support.