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Atty fees and custody claims

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    Atty fees and custody claims

    Last February my son moved in with my GF and I. Almost immediately after he moved in I ended up out of work due to a medical condition (Not terminated, temp. disabled). At the same time my GF had to have surgery and was terminated for it due to absence.

    When my son moved in I was still paying support on him (And his brother who stayed with his mom). In the meantime I was bringing home a check for 104.49 each week (disability) to feed and care for a family of three. I asked my ex to give some back and she said she would but never did.

    About June I consulted with an atty about it and he said given my son's age I wouldn't need him (Or anyone else, my son was 17), I would just need to write a letter to the court requesting modification of custody. I talked it over with my son for about a month to make sure it was what he wanted and then sent in the letter.

    My ex turned around and hired an atty, requested all kinds of information, and continued to postpone it until finally in December my son moved back (I don't blame him, given my financial situation. I was surprised he had stuck it out that long).

    Of course now that he is back with her the legal process miraculously speeded up.

    I am going to have to use part of my tax money to retain an attorney and get this resolved once and for all.

    How does that factor into the Bk? I am sure I won't be able to pay his full fee until after I haved filed the BK, but do I need to claim that as a part of the BK? And for the time my son lived with me do I need to claim the child support that was not paid to me as potential income?

    I like to think I am a fairly intelligent guy but when it comes to things like this I can't seem to get a grasp.

    Thanks in advance,
    M

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