Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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13 and Child Support

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  • 13 and Child Support

    Not sure if this is the right place for this or not but is in relation to my active Ch 13 so figured I would put it here and see.

    So currently just under 3 years into a 5 year plan. My Oldest son, who will turn 14 in a couple weeks and starts High School next year, is from a prior marriage ( I am remarried with 3 additional children ). Filed for divorce back in 2003, wasn't finalized till 2005, but in any event for many many reasons I got full custody, and my ex got visitation ( basically every Thursday night and every other weekend). At the time the math worked out such that I would have owed her (because of difference in income) $6 a month in child support, so it was just ordered with no child support.

    Now, 8 years later, she is filing to try and get full custody (which will never happen) and child support. She has no grounds and is not going to get anywhere with this. And even thou there is an even bigger income discrepancy, I now also have 3 other kids, I have done the math and she will end up owing me child support.

    Trying to avoid a divorce lawyer again if at all possible as that is part of what got me into the bk mess in the first place... 10's of thousands of dollars to lawyers and child psychologists and ... during the divorce

    So now onto the crux of my question to the BK community....
    While I know I will come out on top in this I still have to go through the motions, one of those motions (unless the judge throws this out before it gets any traction) will likely be filing an AFI (Affidavit of Financial Information). This form covers income and expenses (and is used as the basis for the child support calculations). So, my question is since I am in an active 13 how do I list this.. Do I list my trustee payment and not any of the creditors included? Do I list the creditors and not the trustee payment? (this could actually make it look like I have alot of disposable income... which I obviously do not.... as I had 2 vehicles included in my plan that were paid first, so theoretically the "minimum payments" on the remaining unsecured would likely be much less than my plan payment, if that makes sense) At some point this shouldn't matter in the grand scheme I guess as my expenses ( at least not directly related to the child) do not actually fit into the calculation... I am trying to confirm if I even have to fill that section of the form out as I think that might only relate to requests for support outside the calculation....

    In any event hoping maybe someone has some experience or insight as to how this form (or for that matter any legal form requiring expense information) should be filled out while in a CH 13 ????

    And a secondary question is if I end up getting a small amount of child support (The math was between $30 and $100 a month depending on certain factors) is that something that I have to file a modification to my plan for? (in particular since I am going to end up in a 100% plan because my second mortgage didn't modify their claim to unsecured after the house was surrendered).

    Thanks in advance

  • #2
    goon - one of the things that you need to think about is how your son feels about the custody issue. If he would rather live with his mother, there is not much you can do about it - the courts will definitely be biased in favor of the dependent's wishes - especially at his age.


    • #3
      Well the good news is that the judge dismissed her petition, So for the moment I no longer have to worry about filling out those forms. ...

      So the generic question remains, if you have to fill out "legal" paperwork which asks for "expense" information what is the "proper" way to fill it out in a CH13?
      But, unfortunately, I likely titled this thread poorly to get a discussion going on that subject.


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