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Posting here because I want to keep this low profile...

70_Fastback

70_Fastback

Hell Bent for Speed
I have a question that I hope someone may be able to shed some light on...

As some of you may know, I am a single Dad with full custody of my Son. My ex wife is not really in the picture too much, though she does pay me child support.

Well, last night, I get a call out of the blue from her telling me that I will be receiving a letter from the courts in a few weeks... because she is filing bankruptcy. She was just being nice and "giving me a heads up".

So what the F does this mean for me? Anything, nothing? Will she not be responsible for support, etc anymore? Or does B.R. not affect that?

Sorry for the O.T. post, but I'm hoping someone can shed some light on this for me.

Thanks guys,
J
 
I assume the support is court ordered, correct? If thats the case then the bankruptcy should not affect it, but you may get called into it as a creditor. In Texas, most courts force the support payer to go through the AG office, meaning they send the money to the AG office and the AG office pays the support. While my ex also pays me a small amount of support since my son lives with me, its nice to not have to deal with her about it at all. I get a direct deposit between the 28th and 5th of the month, then I move it into his college fund...sure hope he gets a scholarship.....

Good luck Brotha
 
Yeah, it's court ordered. I get a check twice a month. And like you said, she does pay direct to the Kansas Payment Center and then they cut me a check (minus their $5 fee per check).

Thanks Rick
 
The only thing that should effect the child support is if she has lost her job or taken a pay cut. It is based on income, not bills owed or ability to pay bills. That is from my personal experience many years ago plus recent friends problems.
 
Bankruptcy will not excuse child support, student loans, and a few other things. You should be fine.
 
Good luck J. Hope it works out for ya. While I don't know her or the situation, from the outside it appears she's filing bankruptcy to get out of paying her debts and not b/c she doesn't have a job/can't afford. Again, I do not know the situation so this is all speculation. If that is the case, she's probably thinking she won't have to pay you either. Around here, it doesn't work that way to my knowledge. Like mentioned, it's based on income. If it were me, I'd make a quick call to my attorney to be sure. Good luck man. I hope it doesn't get ugly.
 
Thanks fellars. And she has not lost her job. I don't know if she has taken a pay cut or not, though I would imagine not. I know her boss pretty well. She actually works for one of our competing engineering firms. I know most engineering firms are semi-slow due to the current economic situation.
 
Funny thing, my ex never even called, I just got a letter in the mail that after 4 years she decided she wanted to be a mom and fought for custody. Until then she had not paid any child support. She lost her @$$ in court and the judge ordered her pay support. And this is a woman with a Phd...... Cost me a fortune to fight it, but the look on her face when the judge told her and her overpriced lawyer to take a walk was well worth it.....
 
"70_Fastback" said:
Thanks fellars. And she has not lost her job. I don't know if she has taken a pay cut or not, though I would imagine not. I know her boss pretty well. She actually works for one of our competing engineering firms. I know most engineering firms are semi-slow due to the current economic situation.
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I've personally never done it, but a guy I used to work with used to get drug back into court about once a year by his ex to prove his income had not changed. She would file it and he would have to pay for it, good way to be a real prick.....
 
I am no attorney but I don't think BR will relieve her of her obligation for child support.

Only reason I didn't kick mine out a couple of years ago (and pretty much every day since) is she is a pathetic excuse for a parent and the worst thing I can imagine happening to my boys is her getting custody. When she wasn't looking several years back I paid the $5k retainer to the attorney and had a couple of chats with him about it. He could give no asurance at all as to which way a custody battle might turn out. Only reason she'd want custody is I am sure she would rather receive child support instead of pay it. Even though I am already practically a single parent now, the courts are so screwed up I don't want to take the risk of her getting custody. Heck, I don't even want them to spend a weekend with her without me there to run interference.
 
Wish I had some useful info for you, but my only thought is to call your attorney (painful as it may be).

But, if you do wish to proceed down a diff road, I know someone that knows someone that knows someone that specializes in these things.
 
My thought: if she is filing for bankruptcy, I wonder if she is now wanting you to pay alimony?
 
My son is now 19 and I finally don't ever have to talk to my ex anymore. When she left, my son was 7 months old. Didn't here a word from her for two years. After I got remarried she became a royal PIA! Anyway, she had to pay child support and she kept losing her job(s). Unless she would go to court everytime to have the support adjusted she was required to pay the original amount and if she missed any, she would owe back child support. As has been said, child support is based on income regardless of debt. As long as she is working she has to pay. The only way she can change the amount she pays is if she goes back to court with proof she has had a change in pay and the judge agrees to adjust it. My cousin had a witch of an ex who took him to court everytime he he got a raise and asked for more, since it was based on a % of income he had to pay more but only if she forced it, he didn't have to volunteer. Good Luck!
 
if she missed any, she would owe back child support.
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Which, to my understanding is "no big deal".

I pay child support for my 13 year old son that lives with my ex. In almost 10 years now, I have NEVER been so much as a day late. Not to get side-tracked, but a year or so ago while talking with my ex-wife, she mentioned that she had started a college savings plan for our son and asked me if I had done the same. I asked her WTF the $12k a year I sent her was being used for and she immediately STFU.

Gabby's oldest daughter should be receiving child support. It's not much.... $35 a week? The "father" owes almost $30k in back child support. He's paid less than $500 in the 15 years he's been required to pay support. I tried intervening with the state of Arizona (the origin of the court order) and got the "there's nothing we can do" answer. As long as he continues to work under the table (selling drugs, whatever) and generates no visible to the state of Arizona income, there's aparently nothing they can do. The state of AZ informed me that if he were to work outside of the state, they would have no means to capture this employment/income for their system. WTF kind of crap is this?

The child support system in our country is "broke" in my opinion. It should not be administered by the individual states, but funneled into a national database.
 
The courts are screwed up in general.

My buddy and his ex split up. His current wife is a stay home and the ex dropped off their two boys one afternoon asking if they could watch them till the evening. They said no problem, we'd enjoy having them. Ex then disappeared for two weeks, no call, nothing and she obviously didn't bring them with two week's worth of clothes, etc.

Eventually, his ex shows back up unannounced a couple weeks later and wants to take the boys "back home"....guess she finally sobered up or whatever. My buddy was like, "like hell you're taking them, only over my dead body."

He did end up getting custody of the boys and just to piss her off he moved out of state shortly after to limit their exposure to her as much as possible. But he still had to spend a ton in legal fees to get custody when to me that should have been the text book example of a slam dunk case. Made me wonder what kind of crack the judge was smoking...
 
"daveSanborn" said:
The child support system in our country is "broke" in my opinion. It should not be administered by the individual states, but funneled into a national database.
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There is a federal national database for new hires that catches up with those that try to evade child support by moving and working in another state.
 
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