Chapter 13 and child support

Help! Please. My ex-husband just filled chapter13 and I am being told he will only have to pay 10% of the $34,500.00 in back support he owes. Is there anything that I can do??

[I AM ALWAYS LIABLE]

Originally posted by marilee
I am being told he will only have to pay 10% of the $34,500.00 in back support he owes.

My response:

Who is telling this to you?

IAAL

Who told me this was, the papers that the child suppport division in cumberland co. NJ recieved. And sent a copy to me. In other words the payment plan says he will pay the back support off by paying me $100.00 per month for 38 months. that works out to about 10%. There has to be a way to make him pay 100%. I have taken care of our children the best I can with out any support from him in 17 years.

[I AM ALWAYS LIABLE]

My response:

Back child support can never be discharged in bankruptcy. This includes other debts, such as medical bills that are "in the nature of support."

Arrears on current child support and debts for the children "in the nature of support" can never be discharged in bankruptcy.

The form that you received was right when it urged you to get some legal help. I suggest that you call your local county bar association and ask for a free or low cost consultation with a bankruptcy lawyer. A lead you get this way might help you proceed cheaply or suggest some things you can do on your own.

Good luck to you.

IAAL

I really thank you for your help. I dont understand how a NJ lawyer can send legal papers to my child suppport office that say he is my ex-husbands lawyer in his bankrupcy. And that the two things that he is going bankrupt, chapter 13 , on are the child support arrears and his past due apartment rent.