Including Child Support Arrears on Form

[Confused14]

[joab]

My wife is owed over $40k in back child support. We listed it and our trustee didn't so much as bat an eye. Even if child support isn't exempt in your state, I doubt the trustee is going to do much. You don't have the cash in hand; and as a practical matter the trustee is not likely to gain a lot by harassing your ex for the money on behalf of the BK estate--if it were easy to collect, you would have done it by now.

[Confused14]

Thanks, I was just wondering what the issue was with that. It almost makes no sense to even include it.

[Mi Bankruptcy]

Thanks for bringing this up. I forgot the wife is owed quite a bit of money. I am just happy the loser stays away so I forgot about it.

[woeisme]

wow, your state seems leinent on this. Here in Ohio my husband is a corrections officer and there are all kinds of guys in prison, yes, prison, not jail, he works at a medium security prison, for failure to pay child support. In fact, my husband ended up spending part of an afternoon in jail once because the prison where he worked changed management, and the new management didn't do his automatic child support with-holding and the ex- called both the agency and my hubby the moment her check was late so hubby paid her out of pocket while waiting for the paperwork to get straightened out. But then the agency that handles the child support payments had him hauled into court anyway, and said that the money he gave his ex- didn't count since it didn't go through their agency, so he had to immediately come up with the money again or go to jail, and since he didn't have the $ on him, he had to sit in jail until his girlfriend could get there with the money! (this was years before I met him.) But when the ex "forgot" to notify him that their 18 year old son dropped out of high school, therefore becoming emancipated and ending his support obligations and continued to collect about 3 extra months of child support payments before his son told him he quit school, they didn't do a danged thing to her except say they'd take her state tax returns until he was repaid (which caused her to immediately change her withholdings so she doesn't get state tax refunds) so she got off scott-free with taking an extra $1500 of his money, but I digress....

My point was that I thought most of these child support scoff-laws got sent to jail these days. My step-son recently was involved in a car accident (as a passanger) but when the cops ran his name through their database they found that he owed $460 in back child support and put him in jail for 30-days although we were able to scrimp up the money to pay it and he only spent 10 days in jail. Again, it was a clerical error, his ex- moved from one county to another and in the process of changing the addresses and forms and such, he didn't know he owed the old county the $460 since his current balance with the county she lives in was up-to-date, but here they arrest for the smallest amounts, I can't imagine the judge just telling them to get a job when they owe 30K!!!

[JollyGG]

When we had our 341 meeting the woman who went ahead of me was owed a good bit of back child support. The trustee said, basically, if she recieved any arrears before her discharge to let the trustee know and to give the trustee any contact information she had on the ex. Then they moved on. It all sounded like the trustee needed info. just to dot the i and cross the t but that nothing really would come of it.

[Confused14]

Even if they mention receiving arrears before my discharge, I'll have to hold back laughter. Pigs will fly before that happens!

Yeah, I really hate the family court system in NY and the child support enforcement unit. They really don't help the parent taking care of the child. I got so fed up with it, that I just stopped taking him to court. It was such a waste and a joke. It's been 3 years since I got any money from him. Only once to my knowledge did he get arrested for not showing up at court, warrant was issued, he was already in arrears and had his license suspended. After that he was told to look for a job. He came to court the last time and was being a jerk to me in the waiting area. He tells me he's working off the books. When we went into the courtroom I told the judge this and he said it didn't matter!!!!!!!!!!!!!!!!!!! The judge asked him if he brought proof of his looking for work. He said he had 2 offers but he couldn't take them because they required him to drive and since his license was suspended from not paying child support he couldn't get either of those jobs. The judge didn't say anything except that he'd give him more time to look for work. UGH! Are you kidding? I'm breaking my neck raising my kids, trying to give them what they need and want, yet he gets away with it. He's fully capable of getting a regular job, no driving involved, but he just refuses to work because he knows they're going to take money out of his check for child support.

He was never really a part of my kids' lives. He hasn't seen them or contacted them in over 6 years! What kind of parent is that?? It's not like he doesn't have my phone number or know where I work. He's such a deadbeat it's not even funny! BUT, I think my kids are better off without him, he is a loser and not a good role model at all!

One day soon enough, when I have the strength to battle him for support I'll hire a lawyer and take him back to court!