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Birth of Baby in Ch. 13

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    Birth of Baby in Ch. 13

    Wondering whether to petition for discharge with about 12mos. left on a 60mo. ch. 13 plan.
    Currently 40mos. into plan(new law) single and not living with girl friend whom is 2mos. pregnant and threatening to file for child support after the baby arrives.
    I estimate that my child support payment would be about $750 a month. Pays $400 a month on ch. 13 plan.
    Need feedbacks.

    #2
    First, let your lawyer know what going on and the timetable.

    Second, realize that two months into a pregnancy is not very long. Also threatening to file for child support does not mean she will actually do it when the time comes.

    Ch 13s deal with realities, not "what might happen". When the baby is born *and* the gf actully files for child support, then your lawyer can deal with that though a Ch 13 plan amendment if that proves necessary.

    Child support is not granted the minute the baby is born. With such a short time left on your plan anyway, it may be completed before anything legal can be put into place for child support. Talk to your lawyer and get his/her opinion about what your best options are under the circumstances.
    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

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      #3
      Thanks Irprn, I thought about waiting till the baby actually comes then see what happens with gf. I'll let my lawyer know when the time is right. You are right with such a short time left, I might let my ch. 13 play it's self out(complete) then deal with the child support if it actually happens. Yes, things don't move so rapidly in the court system so it might be better to finish my plan with no modification.

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