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schedule E and child support?

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    schedule E and child support?

    i'm a ch7 pro-se filer with a background in paralegal work so i'm fairly confident with myself but i do have one question that is baffling me. no matter how many resources i reference, i can't find a clear cut answer. i might just be over-thinking this. i'm nearing the end of my paperwork preparation so i'm starting to doubt myself and get a little nervous, although i'm sure i've done just fine.

    i share custody of my older children with my ex-husband and i pay him child support. it's a monthly payment that goes through the state child support clearinghouse. i'm not behind on payments at all.

    this is reflected in my schedule J and my state has a required "statement of domestic support obligation" form that i've completed as well. however, i did NOT include this obligation in my schedule E. should i have? if i'm interpreting it correctly, past-due domestic support obligations for which money is owed are considered priority unsecured claims. my payments are not past-due. should i still it on schedule E?

    i hope i'm making sense -- i've lost so much sleep over this bankruptcy ordeal i'm barely functioning.
    filed ch7 pro-se on 12/22/08, 341 meeting on 1/29/09, changed from no-asset to asset case on 2/18/09, DISCHARGED on 4/3/09.

    #2
    My ex husband filed a CH7 a few weeks ago with an attorney. He pays child support and is current. On his schedule E, the Domestic Support Obligation section was checked off. It says:

    "Claims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor....."

    I read that to mean that the DSO is an ongoing, recurring obligation and the obligee is therefore a priority creditor, and has a priority claim regardless of whether the obligor is current or past due.

    After he filed, I received the Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors & Deadlines, just like any creditor.

    Neither my ex nor I thought to even question the attorney on this. The attorney knew he was current in his child support and had a printout from the County Clerk of Court showing his payment history.

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      #3
      My schedule E also reflects child support and I am not behind either.

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