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  #1  
Old 08-05-2000, 09:54 AM
chatk
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I have a judgment $100,425.00,up to about $276,000. now, can ex discharge any or all in a chapter 7? Or will my $350.00(2 children) be reduced, and the arrearage $302.50 + 1/2 medical be effected. He refused to pay for 13 years and finally it caught up with him. He lives in Texas, I in La. Some is interest, attorney fees and actual amount. thanks chatk
  #2  
Old 08-05-2000, 11:36 AM
loan officer
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child support & taxes are non dischargeable debts under the bankruptcy codes.
  #3  
Old 08-05-2000, 11:45 AM
chatk
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by loan officer:
[b]child support & taxes are non dischargeable debts under the bankruptcy codes.[/b]<HR></BLOCKQUOTE>
They mentioned something about updating complete judgment to reflect new amount $276,000. So when he went to bankr. court they had updated copy. Is this so they can set an amount he is to pay monthly? Or is it up to the Dist. Court I'm going through now. Current child support $350. Arreareages $302.50 + 1/2 medical. This Judge acted as if he may raise the arrearage amount.Thanks
  #4  
Old 08-05-2000, 12:36 PM
loan officer
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in a bankruptcy filing they must list the amounts of all debts & associated pymts to determine if there are assets or not and if the debts outweight the assets.if it is a chapter 7-that is a total liquidation except for non dischargeable debts like your child support.
i dont think a bankruptcy judge would alter the monthly amount of the child support, i believe that is up to child support enforcement.
  #5  
Old 08-09-2000, 02:04 AM
ldelagra
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I understand that you are upset with the ex and probably want to punish him etc. But, I am asking you to do the math on this one. If he is only paying $350 current on 2 children his income can't be too high. My quess is that, with the arrearage payment, they are taking 50% of his income which means that he is being left with maybe $700 a month to support himself. Add in the fact that interest on the $200,000+ is figured at 10% in most states and you can see that he will never pay enough to keep up with the interest that keeps accuring. The previous poster is right that this can not be discharged in bankrupcy. However, you need to realize that when the ex has his back against the wall like this there is a very good possibility that he will go underground and you will not even get current support. My suggestion? Contact your ex and let him know that you are willing to waive the interest. You can do this. When there is light at the end of the tunnel, he is more likely to continue paying current and at least some of the arrearages. Believe me, you will end up money ahead in the long run.
  #6  
Old 08-09-2000, 08:45 AM
paula2
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The last poster has a very good point. If you read some of the earlier post, you will find that many men quit there jobs and move every time child support services come after them. After awhile CSS will not even bother going after them because it cost too much and they are too hard to find. We are not saying he doesn't owe you the money.....just if you make it so hard for him and he feels there is no way out.....he will become like the rest of the dead beat dads that run. If he is trying to pay, it would be in your best interest to work with him......some money is better than no money. I am living with both ends of the system. I recieve child support and my current husband pays child support. This is not a easy situation for either end. I personally don't think the interest laws are fair and would never make my ex pay the interest......he has a new family and like me is trying to provide a comfortable living for our familys.
 



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