Back Child Support owed to me and Schedule B

[NotRichYet]

So, I have about 49K of back child support owed to me. It's been owed for years. My 'kids' are 25 & 22 now and the support stopped accruing when they turned 18. So I'm sure I'll never get it all. I do occasionally get $50 - $100 a month. Anyway, line 17 on schedule b asks for this. Will the trustee do anything about it? Will I need to give to the trustee if I ever get it? I'm afraid that amount as money I'm owed could mess up the whole thing. Help?

[LadyInTheRed]

If you can't exempt it, the trustee will have right to collect it and distribute it to creditors. The trustee will probably hold your case open while trying to collect it. But, that won't delay your discharge.

Here's the text of oregon law regarding exemption of child support:

(i) Spousal support, child support, or separate maintenance to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.

http://www.oregonlaws.org/ors/18.345

I'm not sure you'll be able to claim it is reasonably necessary for suport when your children are no longer minors. This is another thing you need to ask attorneys at free consultations.

[bcohen]

I very seriously doubt that the trustee will see this as an asset which can be sold/attached for the benefit of creditors. If the state DCFS could not collect this money--even by suspending this man's drivers' license and putting a warrant out for his arrest, which I'm sure they have already done long ago--then why would a bankruptcy trustee think he could do any better?

Obviously, the reason this money has not been paid years ago is because it simply does not exist, and may not ever exist. Just because a family court judge orders a man to pay X number of dollars a month in child support/alimony/etc. does not magically make the man able to pay that if he loses his job or barely earns enough to eat and live indoors! Hence the reason why many men choose to go "off the grid" and work a "cash under the table" type job, rather than have their pay garnished so much that they can't even eat or pay rent. In that case, the arrearages keep piling up, but will likely never be paid.

It sounds like the arrearages owed to you will never be paid, and you realize this. If you need to file for Chapter 7, I would not let this matter get in the way. Even assuming that the trustee decided to make you an "asset" case and go after this money, you would still receive your discharge--regardless of whether or not the trustee succeeds in recovering any money. But I very seriously doubt he will bother.