Child support income question

[LifeNLemons]

I am filling out my I & J. I am having a heck of a time with the child support question. Over the last 6 months, I recieved an average of $350 a month in child support. I have court orders to receive about $1680 per month. Neither "dad" pays what he's ordered, and they both seem to have a heck of a time staying employed. So like next month I might get everything I'm supposed to and the month after nada. I already stated that child support fluctuates depending on the employment status of the obligors'. i.e. its unreliable income.

If I put that I get $1680, obviously, I'm a ch 13. But I don't get that much. The most I've gotten in one month was $1000, and that was a fluke. Usually I get $0 from one and maybe $600-700 from the other.

Can I use my average from the past six months on my I? I can use the amount I got in Nov, which is the most I've ever gotten, $1000. Or should I shoot for somewhere in between.

Anyone else BTDT?

[jennordhavn]

I would use the average since the schedules are supposed to reflect your average income. I'm not sure if that's the appropriate thing to do, but I think if it was questioned, you could easily explain why you did it that way.

[JollyGG]

I'd go with the last six month average as well. After all that is what you actually recieved and what you actually have to budget with.

When we had our 341 meeting last year the woman a couple meetings before us was owed back child support. The trustee told her that if she recieved any back support (including the ex-spouses tax return) that she needed to let the trustee know and it would become an asset. Though her lawyer did point out that before the trustee got anything the debtor was entitled to her court ordered amount each month.

[325Falcon]

We used the average of the last 6 months.

Its a flaw in the system that needs to be looked into because the child support dollars that came in may and june where really for feb and mar but we still had to average them. The number gave us about 3K more per year on the average but we will be damn lucky to get that much over the next year.

I see both sides of this fence because my CS is taken right out out my pay and his is not, that will be changing soon. I also pay about 12K/year more than he is ordered to. Its kind of ironic what hes ordered to pay verse wht I am for 2 step sisters in the same family. This is why the way we do CS in this country needs to be changed to an expenced based formula as oposed to an income based formula. There also nees to be some accountability of CS dollars, ther is no reason why I should be paying big time CS and still have to by my Daughter essitionals.

[JollyGG]

We used the average of the last 6 months.

Its a flaw in the system that needs to be looked into because the child support dollars that came in may and june where really for feb and mar but we still had to average them. The number gave us about 3K more per year on the average but we will be damn lucky to get that much over the next year.

I see both sides of this fence because my CS is taken right out out my pay and his is not, that will be changing soon. I also pay about 12K/year more than he is ordered to. Its kind of ironic what hes ordered to pay verse wht I am for 2 step sisters in the same family. This is why the way we do CS in this country needs to be changed to an expenced based formula as oposed to an income based formula. There also nees to be some accountability of CS dollars, ther is no reason why I should be paying big time CS and still have to by my Daughter essitionals.

I totally agree. My sister in law pays child support. Her ex doesn't work and doesn't even provide the kids with a roof over their head, however the youngest has every video game known to man. The family however lives with friends. The kids are 13 and 17 so it's not like he stays home to care for them.

She pays over 50% of her paycheck in child support and is still behind. If she didn't live with my brother she wouldn't be able to support herself. She doesn't have the money to fly the kids out to see her. And she can't afford a lawyer to help her get custody or adjust the support payment. However, her ex gets a free lawyer because he has custody of the kids.

Millions of parents out there don't pay support. She tries to pays support, but can't get anyone to help her make it an amount she can afford, or make the ex accountable for the money sent.

[LifeNLemons]

When we had our 341 meeting last year the woman a couple meetings before us was owed back child support. The trustee told her that if she recieved any back support (including the ex-spouses tax return) that she needed to let the trustee know and it would become an asset. Though her lawyer did point out that before the trustee got anything the debtor was entitled to her court ordered amount each month.

I was actually worried about that myself, since I have over $6000 in back CS. But luckily, NV provides for unlimited exemption for child support. Thank goodness, because I should be getting their tax returns to help offset the back CS this year, and man I'd hate for the Trustee to seize that.


I did my J with the $1000 dollars. But I might go back and do it with the average as I increased the expenses to offset that. I'm really used to budgeting 75 a week for food for the 4 of us, so putting down 150 a week was a stretch for me. I'd eat steak every night with that much in groceries. The food stamp program only allots a max of $542 a month for a family of 4, lol.