Oh NO! Just my luck (Child support lump sum payment)

[mom2three09]

I am freaking out here. Just found out today that my ex-H filed his taxes this year (after several yrs of not filing cuz he was paid under the table) and I'm suppose to be getting $4200 towards the $9K in support arrears from his tax check. What happens now? Will the trustee likely want this $$ & turn our no asset chpt 7 into an asset case? Does anyone know if Indiana allows an amount of cash to be claimed as exempt?

TIA

[music12]

i would think it's exempt - it's for your child, not you. but i don't know for sure.

also, how did you find out? did you get an official letter from irs? or did you learn unofficially?

[mom2three09]

i would think it's exempt - it's for your child, not you. but i don't know for sure.

also, how did you find out? did you get an official letter from irs? or did you learn unofficially?

I learned unofficially (from ex-H)... he received the letter stating it had been taken for his back support. I also received an odd amount of child support payment this week & found out it is his state tax refund so I'm guessing the federal $4200 check is not far behind I would think it would be exempt since it's for my kids, but I dunno and our attorney is out til Monday

[aces67]

I would think it's exempt also. It is technically to support your kids and not you.

[OhioFiler]

I believe she willl have to treat it as income on her petition but may be able to exempt it as an asset.

[mom2three09]

Thanks! Hopefully we're right in our thinking that it will be exempt

[Humonese]

i would think it's exempt - it's for your child, not you. but i don't know for sure.

also, how did you find out? did you get an official letter from irs? or did you learn unofficially?

Child support is only theoretically for the child. There's no requirement that the money goes specifically to any of the child's expenses. My child support payment support a pretty fancy shoe collection for my ex-wife while my kids get hand-me-downs from their cousins.

[mom2three09]

Child support is only theoretically for the child. There's no requirement that the money goes specifically to any of the child's expenses. My child support payment support a pretty fancy shoe collection for my ex-wife while my kids get hand-me-downs from their cousins.

Not that I should feel the need to defend myself... but I'll tell ya that my children are very well taken care of & the child support I receive from my deadbeat ex is a drop in the bucket compared to the amount of $$ my husband and I spend on feeding & clothing two teenagers

[Humonese]

Not that I should feel the need to defend myself... but I'll tell ya that my children are very well taken care of & the child support I receive from my deadbeat ex is a drop in the bucket compared to the amount of $$ my husband and I spend on feeding & clothing two teenagers

I certainly didn't mean to imply anything negative about you. Just hearing that he was that far behind and getting money under the table is enough to convince me that you're doing the right things.

I'm bitter because of my experience with my ex, she had a lot do with driving me to bankruptcy.

I'm sorry I didn't add any value to the thread! I hope it all works out for you.

[mom2three09]

I certainly didn't mean to imply anything negative about you. Just hearing that he was that far behind and getting money under the table is enough to convince me that you're doing the right things.

I'm bitter because of my experience with my ex, she had a lot do with driving me to bankruptcy.

I'm sorry I didn't add any value to the thread! I hope it all works out for you.

No problem .. I totally understand

[music12]

well, since you heard unofficially, unless the check actually gets to you before the 341 i wouldn't say anything. also, even if it does come in, i think unless the trustee asks specifically you are not obligated to say anything.

[mom2three09]

well, since you heard unofficially, unless the check actually gets to you before the 341 i wouldn't say anything. also, even if it does come in, i think unless the trustee asks specifically you are not obligated to say anything.

Exactly what I was thinking too! Our attorney didn't even ask for proof of my child support (just wanted the amount that is court ordered)... not to say the trustee won't ask to see a print out of past payments, but maybe our attorney didn't ask for proof (print out) because that's not something the trustee's in our district asks for ... here's hoping

[music12]

if i understand your post correctly, your attorney already included in your petition the amount that you were supposed to get, even though you didn't actually get these payments. if that's the case, these tax returns are really already included in your petition.

[mom2three09]

if i understand your post correctly, your attorney already included in your petition the amount that you were supposed to get, even though you didn't actually get these payments. if that's the case, these tax returns are really already included in your petition.

Yes, my current monthly support amount is already included in our petition as income for myself.

[music12]

then my feeling is that there isn't anything to worry about.