Expenses-Unusual Living Situation

[WithoutPaddl]

My ex wife and I were divorced in 2007. I pay child support regularly by payroll deduction. I could not afford the room I was living in and pay child support at the same time. Long story short-my ex wife and I made an arrangement that I could move in to the spare bedroom, pay no rent, pay my own phone, pay the utility company directly a small amount each month, buy my own groceries and still pay her the court ordered child support. I see my kids often, I pay no rent, and since I work nights, I hardly ever see the ex between her work hours and mine.

When trying to live alone, I amassed a large amount of credit card bills and payday loans I never could pay back and there is NO WAY I am ever going to be able to pay back all that debt. I would like to file Chapter 7, but my buddy tells me since I don't pay rent and I live with my ex-wife a bankruptcy trustee would be all over me for fraud. My ex wife will probably need to file too, but since we are not married we can't file together. And it's really none of my business what she does. Will this situation (not paying rent, paying child support to the ex wife I live with) throw up red flags for a trustee or should I just file and get some peace of mind and the creditors off my back?

[DeadManCrawling]

There will almost certainly be red flags, but you have some things in your favor.

You lived alone for a time, and if you can prove that, it will weigh in your favor.

Is there a legal/divorce settlement? This may help, as far as trustee questions.

There are increasing numbers of people who divorce but, because of the economy, are forced to live together for the time being. It is not as unusual as most would think.

BK calculations are determined by all members of the household, so her income and expenses would apply to your case.

She may not need to file BK at the same time, but her numbers will affect your BK.

Additionally, if there are debts that are from the time you were married, you could file and she would still be responsible.

Is the child support court-mandated? If not this will look suspicious.

Have you met with an attorney?

What state are you in?

I feel for you, this must be tough in a lot of ways, though the obvious benefit is the time with your kids.

[WithoutPaddl]

my answers are in red

there will almost certainly be red flags, but you have some things in your favor.

You lived alone for a time, and if you can prove that, it will weigh in your favor.

I lived alone for 1.5 years.

is there a legal/divorce settlement? This may help, as far as trustee questions.

Yes, she got custody of the kids and the car, which she took care of (no longer in my name). We have a written marital settlement agreement.

there are increasing numbers of people who divorce but, because of the economy, are forced to live together for the time being. It is not as unusual as most would think.


Bk calculations are determined by all members of the household, so her income and expenses would apply to your case.

I thought i read somewhere that it is how much the other person contributes to your household...she doesn't really contribute anything to me besides a free bedroom...and an occasional pain in the...

she may not need to file bk at the same time, but her numbers will affect your bk.

I was hoping she was kind of a roommate.

additionally, if there are debts that are from the time you were married, you could file and she would still be responsible.

No all the debts were taken care of at time of divorce. She took all of those debts and refinanced them under her name.

is the child support court-mandated? If not this will look suspicious.

Yes, it is court mandated and garnished off my paycheck.

have you met with an attorney?

Not yet. Sounds like i will need a consult!

what state are you in?

Ca.

i feel for you, this must be tough in a lot of ways, though the obvious benefit is the time with your kids.

Thanks. Kids mean the world to me. Thanks for your response!