I am almost 100% sure that I am going to qualify for a Chapter 7 based on my income. I got my final divorce papers two months ago and my ex-husband was ordered to pay child support. However, he is not paying a dime and has only given me a few hundred dollars in the 3 years since he has been gone on our two children. This was the few months before we went to court for our final hearing and he stopped it immediately after we went to court. He lives out of state and has remarried and has racked up a lot of new bills of his own with his new wife on a house and cars, etc. My question is will a trustee look at my divorce papers and say that I have to file Chapter 13 because I am owed so much in child support? My former husband is NOT going to pay it and frankly, I think with all of his new bills, he would be unable to pay it (I am not excusing him. I am just saying that there is no way he could with the price he paid for his house, his truck, etc. and not lose them.) He also never keeps a job very long and in the 13 years we were married, never worked the same job for more than a year. I know that they say that the state will do all sorts of things to nonpaying parents, but in reality, I just don't see it---especially when they are out of state. He has no visitation rights and is basically gone from our lives. Will the trustee look at what support is owed and say that I am able to pay for a Chapter 13 because my former spouse is supposed to pay over $400 a month in child support and thousands of dollars in arrears? I am sorry for this long post and I don't mean it to sound like I want people to feel sorry for me. Thanks so much!
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No, child support is not, technically, owed to YOU but to your children. Anyway, it's not part of the means text calcs to determine Ch 7 vs. Ch 13 - besides.. he's not paying so it's not income. The Trustee couldn't touch that money even if you suddenly got a lump sum for all of what you're owed.My question is will a trustee look at my divorce papers and say that I have to file Chapter 13 because I am owed so much in child support?
As for him not paying.. tough nuts to him, it's HIS CHILDREN that he is hurting.. obviously he doesn't care. As for being in another state, that does not mean you can't go after him nor that the other state won't do anything. If it were me, I'd have the courts dogging him no matter what. I know it's hard to do that, but I sure as heck wouldn't stop trying.
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