Im feeling really stupid,

[crzy13]

Hi and thank you for even reading this because my brain just cant understand this 13,so i hope i can hash out what my mind is trying to say,and that you can understand what im trying to say....

Now we filed old law and 36 months is 4 months away, We went to see our lawyer the other day....And this is why,

My husband owed the ca child support 45,000....well it was interest only yep we knew nothing about it, we recieved a letter saying case closed and then a year later got another one saying he owed, at the time of his divorce they didnt collect interest on back child support,

ok now his back child support they were collecting was for for 900.00 but after years and years of this it became 45,000...
and then we find out he really owed 3000 to the state and the rest to his ex, So he says alright then maybe my ex will take the 900 and close the case well the state said no because she doesnt know about the money owed to her, and she didnt ,so the state says when we pay them then she will get paid.....this child support is in the 13 for the 45,000 .

Ok now we work out a deal with the state of ca and the 13 and if we paid the 3000 then maybe we can work with the ex to lower her money....lol oh no she wanted it all and she too got a letter saying it was closed and now all this money and lets say i too would be happy if i was gonna get all that. but we were having hard times ...my son was diagnosed with crohns at 14 hes 21 now and doing ok.
i had a heart attack at 43 four years ago, and her she is doing great the kids arent but she is, she has gotten plastic surgery and lipo and on and on, well anyway my husband said how about we pay you 10,000 and she didnt go for it, but she did go for 25,000
So we went and got another lawyer and had a legal letter say that we owed her the 25 and we will pay her back in four years either refi our home or on the sale of our home,and any monies that may get paid through the 13 comes off the ballance..ok paper got signed in may 08 .
Now we have the paper saying case closed done over with in the state of ca, her signature on our part saying she agrees to this and this is where im confused....

my parents passed and left me one of there houses, and the debt which was 20,000 then and now its 10,000 owed on it,its an old house 1919, and we have been trying to fix it up to sell eventually, the loan is still in there name and we pay it outside of plan;

so our lawyer asked how we wanted to go about putting his ex into the plan or pay her outside of plan because our 36 months is about up.... well when we started the 13 I thought it was a 5 year and then we can refi then buyout at 36 but he said no if you remember right i checked that box B -best effort at 36 months and being old law we would pay 0% to unsecured....ok
So he went to the 13network and came back and said well they changed the software and ill need to look at it more and ill get back to you.....

what it started as-----Priority----child support-41,603.36

Car---------------------6,523,00--This is paid off
our lawyer said he put in to freeze all monies to stop going to ca,so they arent getting anything..so who are we paying now?

im looking at 13network and im so frigging confused...

Ballance on hand-$1,307.31

total paid into plan-14,400.44
total disbursed-----13,093.13

Plan Base-36,600.00

base ballance-22,199.56

Nothing has gone too unsecured,and since we dont owe for our car or ca state and we have only unsecured left which is medcal and 2 cards, will they just start paying them untill we reach the 22,199.56 or at 36 months we are done and will not owe anything besides that ex thing....that we can pay later and not put her in the plan.....

I know after reading what i wrote im still confused i dont understand all of this 13 stuff and what to look for on 13network or pacer .
I dont see where i pay 100% 10% or anything, So if ya can help me understand some of what i wrote or how to understand 13network,
If we can get out of this at 36 months thats what i want to,but not paying 22,199.56 if thats what i have to pay then we will put the ex into the plan and suffer 2 more years.........Sorry for this being a so long........Thank you crzy13

[crzy13]

did i confuse everyone?
alright how about this ?
Ok on my paperwork from the court it says

General unsecured claims.: The debtor will pay 100% to claimants in this class or make a minimum of 36 monthly payments:

A. % paid to unsecured: 100%__70%____other%_____

or B. Best Efforts: 60months__; 36 months_X**__;other__; yielding approximately_0_% to general unsecureds.

so will i be out of the 13 at the 36 months and not have to buy out which we were thinking of doing if we had to go all the way to the 60 month.
Thank you (:

[rrockinggramma]

I have no clue. So do you owe 25,000 to the ex? your car is paid off via the plan? And any unsecured claimants are getting zero, right? So all you owe is the state of CA for past child support. And then you inherit this house which when you sell will pay off the 25,000 in back child support? I guess I am confused also.

[crzy13]

omg thank you for responding.....and thank you for being a confused its nice to know im not alone...eeekss
the 25,000 we owe to ex thats what we agreed upon.
when we got that in writing we sent it to the the child support in orange co, and they closed our case.
Yes our car was paid off in the plan about 6 months ago.

I inherited the house right before we filed. (took care of my parents for 9 years) i got the house that had the mortgage its paid outside the plan and loan still in parents name.
We have 4 years to pay off ex and yes selling was one of our options or home equity...but selling is what i want to do, need to move forward to many memories.

Now i dont understand the unsecured, that is alot of medical and i mean alot and our lawyer said that in oct. our 3 years is up and that the unsecured wont get anything so he says......dang im still not getting my point across.....

our base balance is 22,199.56--- but if orange county closed the case does this go away because we are going to pay her off ourselves .....or thats what we will have to payoff to get out of 13 + what we owe ex......
what im thinking is that our lawyer is messed up (and he is pretty good) that we will have to pay something even though he said we didnt , like i said before i thought we were in the 60 month plan (old law) , but he said no then he went and looked at 13network and they just redid their website and he said he would need to look it over and get back to us, he was confused with the new layout.
I dont understand how we can be in a 36 month plan and a 60 month plan?

ok im gonna stop here grandaughters are hungry, if you understand what im trying to say you will be ahead me lol.....Thank you for trying also.....Gotta go cook...bye

[rrockinggramma]

I think that if the orange county child support unit filed a claim then it will be paid off unless they "amend" their claim to show that it is being paid off outside of the plan. So the issue is then will this be paid off in the plan or out and if it was orginally filed as to be paid in the plan, the orange county child support has to withdraw their claim for it to go away.

[crzy13]

while i have a few seconds
i have a printout of the 13network....
claim breakdown::
Priority" Secured" Unsecured"
Claimed-- $43,097.36 $6,523 $42,090.53

Scheduled- $43,097.36 $10,150.53 $49,926.35

Principal paid-$5,461.59 $6,523.00 $0.00

Principal owed-$37,635.77 $0.00 $0.00

Principal due---$1,077.06 $0.00 $0.00

Interest paid---$0.00 $526.75 $0.00

Interest due----$0.00 $0.00 $0.00

monthly paym---$0.00 $0.00 $0.00

Collateral-------$0.00 $6,53.00 $0.00

I am like freaking stupid i swear i do not understand most of this......i understand the car only.
it also says # of claims 78...
total amount of claims-----------$91,710.89
total amount schedule-----------$103,173.74
total principal paid--------------$11,984.59
total principal owed-------------$37,635.77
total principal due--------------$1,077.06
total interest pd----------------$526.75
total interest due---------------$0.00

i know i should understand all of this but my brain is fried..i ran 2 households for 9 years,on top of my kids there kids and problems my parents and their health and bills and my shelfish siblings ,then my health problems 1 year after my dad passed i had my heart attack and on that day i had to call from my hospital bed to tell one of my 7 siblings that mom had a doctors appt that day....oh and 3 of them lived in her home paying nothing,, see where im going brain fried...and to all who are caregivers god bless you and please please take care of yourself, i didnt ..my parents came first then my family then me...who am i kidding i never was in that line-up, i did myself in health wise ,so please take care of yourself first! Thank you

[rrockinggramma]

without knowing the claims filed, the numbers mean nothing to me. It looks like the child support claim is still there and until it is either paid or withdrawn, you will continue to be in your chapter 13.

[crzy13]

ok took me so long to write what i did above sorry...just read what you wrote..
And yes that motion is in the works we gave the lawyer the Case closed done with orange county child support Paperwork from the state of ca.. so our lawyer already put a freeze in for monies going to them...Our trustee allowed us to pay some of it outside the plan, which was 3000...but they cut it down to 1200.00 and we had to give them 500.00 then the rest came out of 13. Something like that my husband took care of that part. Thank goodness.
So now we are waiting to see when they have the Letter case closed ...on how they are going to handle the balance or whatever or see whats suppose to happen ,i have no idea?. so yes they have withdrawn from our 13.....Thanks again

[crzy13]

And also my husband paid his child support for 26 years it was one short moment that he didnt that is interest....Child support he was late on was 900.00 for 2 months...the rest was interest all interest for that short time...we tried to fight it but we asked if we are to write a check today who do we pay and how much they said 3000 to them and until they get paid ex would not know she had any monies comming to her.

She even called everyone she could and they said she had no monies comming to her that the child support was paid. We talked with lawyers and everyone we could think of,and they all agreed we didnt owe it but we tried to fight it but orange co is orange co, we just gave up after a year of trying .They won. The only way to get this over with is to pay them and then they tell her she has money...And she settled for 25,000.
i have no problem paying that but like the orange co case worker said its the kids money and not hers so hopefully they will get it......We havent said anything to the kids that money is going to her,i just hope she gives then most of it,.

[crzy13]

i see where it says 78 claims filed is that what u mean?

[rrockinggramma]

well I hope you are done then. The number of claims filed would be who would get paid but if you are paying zero to unsecured then it doesn't matter. If you do get discharged with zero percent to unsecured, then you owe your attorney a big thank you cause he saved you a lot of money. GL

[crzy13]

well that would be nice but i have a bad feeling about the whole thing,nothing ever goes that way in my life, I think im missing something or he is,
Where would i look on the 13network paper to see who is getting paid, if they filed a claim and if i they are going to get paid where or what am i looking for''
Like maybe under claims listing and then claim amount or scheduled amount...
and if there is $ amount under claim or scheduled is that what i will pay for the unsecured...because i see where there is $ amounts and scheduled amount.
also if we make it the 36 months then arent we done no matter what we owe.
we wouldnt owe anything, oh crap ya know what im just gonna call my lawyer monday and see if he got anywhere and if not then ill just make him goo goo after he talks with me...Thank you rrockinggramma very much ....
If i get it figured out and you arent sick of me ill let ya know what i find out....Thanks

[WhatMoney]

ok now his back child support they were collecting was for for 900.00 but after years and years of this it became 45,000...

Just trying to figure out these numbers and your claim it was all interest.
There is no way missing 2 months or 2x$900 = $1,800, could become $45,000 with interest. How many years did this interest accumulate? And how much was the ex being paid through the CH 13 plan each month? So the $45,000 was NOT part of the Ch 13 repayment plan? Makes no sense to me.

[crzy13]

ok the numbers may be off a little my husband took care of most of that.
And yes it was all interest...it happen in 1983 till 2004...he was paying his support every month, until we moved and job fell through,but as soon as he got a job he paid,
none of it makes sense,we have the letter that says case closed then came the one that said we owed interest, when he signed his divorce and the child support papers at that time there was no interest on back child support...the person who was handling the case said that was the one thing that was going for us
but we would still more than likley lose being we didnt have that kind of money to fight it, So we settled. what would make this seem all worth it would be if she gave the kids the money or at least most of it.

Also orange co never ever sent us one thing about interest, You would think whey would have since he paid his support every month ,like hey you Know what you owe back support and nothing is going to it.....not one paper work we have says it either.
also the ex was paid all of her support, never missed after that time, ever.
she was not in the chap 13 just the orange co support was, like i said she didnt know and would not know offically until we paid them then and only then would they tell her she had money comming to her.
So we had to put the whole thing in chapter 13 even though we didnt owe orange co that much, So after being on the phone and yaking to who ever would listen we found one person who made more sense to us. so OC settled and got paid they sent a letter saying case closed and we no longer owe them that amount.
Now we have the other paper that his ex agreed to 25,000 instead of the 40 something amount that we can add to the 13 or we can just pay it out of the plan, So as far as 13 we no longer owe any child support to orange co. so that means that 45,000 debt no longer exsists. As our lawyers has said and i guess hes right because nothing is being paid to them now.

[WhatMoney]

ok the numbers may be off a little my husband took care of most of that.
And yes it was all interest...it happen in 1983 till 2004...he was paying his support every month, until we moved and job fell through,but as soon as he got a job he paid,

I'd say the numbers are off a little. If in 1983 your husband skipped only 2 months of $900 payments, and the back child support earned interest at 10% per year, the CA rate, then in 2004 when you did your Ch.13, your husband would have owned $5,580 in child support, a long way from $45,000.

To get up to $45,000 back support owed by 2004, 21 years at 10%, the initial unpaid support would need to be $14,400, meaning no monthly $900 payments for 16 months back in 1983.

Child support has no statue of limitations, even if the children are now adults. You should be lucky you negotiated the debt down to only $25,000.