Discontinued Child Support

[OhioFiler]

Been AWOL for a couple months. We've been busy with several other things and are now getting back on BK track. We intend to file in July.

My wife's ex-husband lost his job in March and has not paid child support since April. He continues to be without a job and lives in one of the most depressed areas of our country. We don't anticipate him providing support anytime in the near future.

Do we still have to report any child support income on Schedule I? I realize we are obliged to use his payments received over the prior 6 months on the Means Test but our current situation does not include any support.

Appreciate all the advice!

[AngelinaCatHub]

It stands to reason if you didn't get it, you don't have it. Report what you got, but you might consider a note regarding the fact you mentioned above. Due to job loss of the payer, your child's income was taken over by yourselves. That might even add a bit to your case of bk. 'Hub

P.S.
I would not go after his a$$ too soon as he probably knows he is in trouble but there are bigger black clouds coming to this Country. Give him a break until he gets employed. If you do not, and he loses his driving privilege, how can he get a job?

[OhioFiler]

We have no intention of going after him. In fact, their child support agreement is not handled by the State so he's not even acrruing any arrears.

My question remains. Is Schedule I a statement of "current" income or do we have to include some child support as income since we received it from prior to May?

[JRScott]

Income you'd use the last 6 months figures regardless of source so yeah you'd use the child support up til the time he stopped paying it. Just make sure to average it over 6 months rather than just the time he paid.

[OhioFiler]

Income you'd use the last 6 months figures regardless of source so yeah you'd use the child support up til the time he stopped paying it. Just make sure to average it over 6 months rather than just the time he paid.

Chapter 6, page 173 of NOLO's "How to File for Chapter 7" reads:

"In this schedule(I), you calculate your actual current income (not your average monthly income in the six months before you file, which you'll have to calculate in Form22A below)....

Item10:...Enter the average monthly amount you receive for your support...." [empasis added]


These two paragraphs seems contradictory. The first indicates Schedule I is not a detailing of the Means Test (which is an average) but then later it states to average the support. I would argue you only average the support if you receive varying amounts from month to month NOT if you are no longer receiving it and don't expect to receive it any time soon.

Maybe it's time to call the attorney.