Child support income

[threnners]

How do they factor in a child support payment that I am legally entitled to (and have a court order for) but the father does not pay? Would I have to state what I actually got (which was a whopping $100 for the entire year) or what I am supposed to receive?

[stormy]

I'm in Illinois and my child's father is $10K in the hole as far as child support payments. The only time it was mentioned was at the 341 when the Trustee asked me if any one owed me money so I told him about the past due support. He nodded his head and we continued.

I know in Illinois that child support is exempt and not counted as income.

[DesdemonaB]

Hi

Had the same thing happen at my 341 - my UST asked if anyone owed me money, my ex and I don't have a formal order filed with the court as he is a 99'er - although I believe he is a 119'er now he hasn't "worked" a day since 12.3.2008 so at the time of our divorce I would have had to pay him. So the UST asked me if anyone owed me money, I puckered my lips, and brought my shoulders up - she then said "other then unpaid child support?" I said no one. She knew what I knew since 12.4.2008 it's completely uncollectable.

[tcreegan]

Hi all,

...chaps my [posterior] that child support is counted as income in Ch7...

11 § 1325(b)(2) does exclude child support from disposable income for a Ch 13 plan. So even if child support pushes you out of Ch 7, it wouldn't count in a Ch13 plan and if you cannot pay a Ch 13 plan you get to stay in Ch 7 ...small consolation..

...and of course, being owed child support and getting paid child support are two very different animals!

Tom in Colo

Tom in Colo