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Child support not through the courts

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    Child support not through the courts

    Hello!
    My husband and I have our first meeting this week with a BK lawyer but he's concerned about his child support he pays.
    Somehow he was able to come to an agreed upon amount with his ex-wife which he doesn't pay through the courts. Sometimes it's been cash, mostly personal checks, but the amount has flucuated up and down in the 7 years since they've been divorced.
    Will filing for BK force his payments to go through the court system to be re-evaluated and enforced, and there were some months he couldn't pay or he paid less than the original agreed upon amount (even though income changed) and his ex and him agree he owes back support. How can they actually prove how much he owes? And can he continue to pay outside of the court system after filing BK?

    thanks!
    9/26/07 Initial meeting with atty, ch. 13
    10/01/07 2nd meeting with atty, now ch. 7, received paperwork
    Waiting to save up atty fee and turn in paperwork...let's get filed!!
    10/31/07 Officially filed with case number!341 on 12/5

    #2
    Originally posted by emaretta View Post
    Somehow he was able to come to an agreed upon amount with his ex-wife which he doesn't pay through the courts. ...Will filing for BK force his payments to go through the court system to be re-evaluated and enforced, ... How can they actually prove how much he owes? And can he continue to pay outside of the court system after filing BK?
    emaretta, are you certain that nothing at all was mentioned about child support in your husband's divorce decree? Or has his ex just been being nice and not told the courts when he was behind or skipped? Ask your husband to dig out his divorce papers to make sure there's nothing mentioned there about making child support payments.

    Before or after filing bankruptcy it's typical for dads (and moms) to pay child support themselves - the trustee doesn't pay it if you file. (Child support is not dischargable in bankruptcy, by the way.)

    Be sure to explain this situation to the bk lawyers you interview. If the child support was truly not imposed by the court as a condition of the divorce, then it's possible that a trustee or the courts might treat it very differently than court-ordered child support.
    Last edited by lrprn; 09-24-2007, 02:58 PM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Thanks again lrprn!
      It says in the papers how much he is to pay, but it was an agreement on paper between him and his ex...never court ordered, rather an agreeable amount between the two them. I honestly don't know how they came up with the amount. She's never taken it to the courts, neither has he. I guess they figure it would be more of a headache that way. He thinks the court processors would take a fee and he doesn't want any middle men involved.
      9/26/07 Initial meeting with atty, ch. 13
      10/01/07 2nd meeting with atty, now ch. 7, received paperwork
      Waiting to save up atty fee and turn in paperwork...let's get filed!!
      10/31/07 Officially filed with case number!341 on 12/5

      Comment


        #4
        my trustee did not need to see any papers just wanted my ex's name and address to notify them of the bankruptcy (back child support is not dischargable) It is just a courtesy thing to notify them but they are required to do it

        Comment


          #5
          If it is written in the divorce papers saying how much he is supposed to pay - then it is court ordered, his ex just does not enforce the issue if he gets behind and they agreed on a figure without going to court to determine it.

          Something else, its not a wise thing to pay child-support in cash only...........no way to prove you did pay it.............!!! Just my thoughts.

          Things happen, people change, cash IS NOT a good IDEA.......
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment

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