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  1. #1
    texas_gemeni is offline Junior Member
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    bankruptcy and child support arrears

    What is the name of your state? p.a. I would like to know if there is any protection under bankruptcy law that would protect me from prosecution and possible incarceration( payments even temporarily) for being behind on child support payments untill some of my debts are resolved (filing for bankruptcy) and I am able to catch up on them?
    Last edited by texas_gemeni; 05-10-2007 at 04:41 PM. Reason: didnt post question correctly
  2. #2
    moburkes is offline Senior Member
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    Quote Originally Posted by texas_gemeni View Post
    What is the name of your state? p.a.
    You forgot to ask a question, but BK does NOT discharge child support.
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  3. #3
    seniorjudge is offline Senior Member
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    Quote Originally Posted by moburkes View Post
    You forgot to ask a question, but BK does NOT discharge child support.
    Dying may, however.
    There are two rules for success:

    (1) Never tell everything you know.
  4. #4
    moburkes is offline Senior Member
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    Quote Originally Posted by seniorjudge View Post
    Dying may, however.
    Hmmmmmmm. Maybe THAT'S what they were trying to ask.
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  5. #5
    Mike703 is offline Member
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    Sounds like a bad situation either way.....
  6. #6
    texas_gemeni is offline Junior Member
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    I am not trying to deny my children of there right to have my support, They deserve and need it but going to jail will not help me to meet this obligation either,I need solutions not parenting advice, i can and do provide other support, but at this time am unable to provide for myself financially and cannot financially provide for them either.
  7. #7
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by texas_gemeni View Post
    I am not trying to deny my children of there right to have my support, They deserve and need it but going to jail will not help me to meet this obligation either,I need solutions not parenting advice, i can and do provide other support, but at this time am unable to provide for myself financially and cannot financially provide for them either.
    Why are you not able to pay you support? How long has it been since you have paid? How much in arrears are you?
  8. #8
    Mike703 is offline Member
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    Quote Originally Posted by texas_gemeni View Post
    I am not trying to deny my children of there right to have my support, They deserve and need it but going to jail will not help me to meet this obligation either,I need solutions not parenting advice, i can and do provide other support, but at this time am unable to provide for myself financially and cannot financially provide for them either.
    Do you have a job right now?

    You are going to have to work out some payment plan on your CP or else it will only get worse. Once you do that, that problem will go away slow and steady.

    As far as bankruptcy, it just depends on how much u owe exactly, and even then it may not be worth it....
  9. #9
    texas_gemeni is offline Junior Member
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    due to a back injury that did not happen at work ,I lost employment due to several absences due to surgery wasn't emplyed for about 3 and 1/2 months.....but catching up and late fees on my imperative bills I fell behind in support by 4 payments of 200.00 each
  10. #10
    boswd is offline Member
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    What type of relationship do you have with your ex? Is it hostile, civil? It's only $800 and if you can start paying something to her and get the ball rolling again that would be very wise and not let it sit and keep growing. Call your ex.
  11. #11
    Mike703 is offline Member
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    Quote Originally Posted by texas_gemeni View Post
    due to a back injury that did not happen at work ,I lost employment due to several absences due to surgery wasn't emplyed for about 3 and 1/2 months.....but catching up and late fees on my imperative bills I fell behind in support by 4 payments of 200.00 each
    Damn that sucks...

    So no disability?, no social security? $800 in arrears in not bad at all, I would focus on that first and foremost. That would keep u out of jail at least. How serious are your other finances? Do you have any kind of income coming in at the moment?

    Not sure what the CS laws are like in Texas (if that's where your from), but every few years you should be able to request a reassessment of CS, would help if you are not making what you were making when the original amount was calculated (a potential income would be inputed for you in the event that you are not currently working).
  12. #12
    boswd is offline Member
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    you said you are catching up on your other bills, besides rent/mortgae and utilities there are no other bills when it come to child support and the laws. Everything else should wait and just start giving something.
  13. #13
    texas_gemeni is offline Junior Member
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    Quote Originally Posted by Mike703 View Post
    Damn that sucks...

    So no disability?, no social security? $800 in arrears in not bad at all, I would focus on that first and foremost. That would keep u out of jail at least. How serious are your other finances? Do you have any kind of income coming in at the moment?

    Not sure what the CS laws are like in Texas (if that's where your from), but every few years you should be able to request a reassessment of CS, would help if you are not making what you were making when the original amount was calculated (a potential income would be inputed for you in the event that you are not currently working).
    The order for support was issued in P.A. due to limitations now I am unable to (employers choice not mine) work as many hours. Available work is often given to co-workers that are more able to handle tasks without as much assistance.I work in a retail store and have limitations such as lifting as much weight and moving as quickly as is needed during peak hours of operation. so I am barely able to make ends meet. I am working on strengthing my back so this will not be a permanent problem for me but I know that I am not as able presently as is needed in this line of work, unfortunately this field is the only one i have a # of years experience in and know ( or knew) I could obtain work in fairly quickly.
  14. #14
    texas_gemeni is offline Junior Member
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    Quote Originally Posted by Mike703 View Post
    Damn that sucks...

    So no disability?, no social security? $800 in arrears in not bad at all, I would focus on that first and foremost. That would keep u out of jail at least. How serious are your other finances? Do you have any kind of income coming in at the moment?

    Not sure what the CS laws are like in Texas (if that's where your from), but every few years you should be able to request a reassessment of CS, would help if you are not making what you were making when the original amount was calculated (a potential income would be inputed for you in the event that you are not currently working).
    The order for support was issued in P.A. due to limitations now I am unable to (employers choice not mine) work as many hours. Available work is often given to co-workers that are more able to handle tasks without as much assistance.I work in a retail store and have limitations such as lifting as much weight and moving as quickly as is needed during peak hours of operation. so I am barely able to make ends meet. I am working on strengthing my back so this will not be a permanent problem for me but I know that I am not as able presently as is needed in this line of work, unfortunately this field is the only one i have a # of years experience in and know ( or knew) I could obtain work in fairly quickly,So I would not be totally destitude while trying to find work I would be better suited for in this condition.
  15. #15
    seniorjudge is offline Senior Member
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    Q: I would like to know if there is any protection under bankruptcy law that would protect me from prosecution and possible incarceration( payments even temporarily) for being behind on child support payments untill some of my debts are resolved (filing for bankruptcy) and I am able to catch up on them?

    A: No.
    There are two rules for success:

    (1) Never tell everything you know.

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