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arrears

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K

kate haas

Junior Member
What is the name of your state (only U.S. law)?Texas
Hi.
I am currently living in Texas as is my ex husband. Our Divorce took place in California. My ex is currently $70 grand behind in child/spousal support. He would like to get a passport for his work but cannot due to these arrears. He told me (threatened) that if he cannot receive a passport he will loose his job and We ( his boys and I will be in the street) He does pay court ordered support taken from his check. Only $400. of this goes to arrears. At this rate I will be dead before he has paid it and we could use the cash. He makes aprox. $170 or more and we live on $36,000. and drive a 20 year old car. A friend told me of a company her Mom used that paid her the back support owed and then went after the Dad for re payment. The fee for this was high but it would be worth it. And he would benefit as well he could get his passport. I have not been able to find anyone that can do this. Any suggestions?
 


A

Antigone*

Senior Member
kate haas said:
What is the name of your state (only U.S. law)?Texas
Hi.
I am currently living in Texas as is my ex husband. Our Divorce took place in California. My ex is currently $70 grand behind in child/spousal support. He would like to get a passport for his work but cannot due to these arrears. He told me (threatened) that if he cannot receive a passport he will loose his job and We ( his boys and I will be in the street) He does pay court ordered support taken from his check. Only $400. of this goes to arrears. At this rate I will be dead before he has paid it and we could use the cash. He makes aprox. $170 or more and we live on $36,000. and drive a 20 year old car. A friend told me of a company her Mom used that paid her the back support owed and then went after the Dad for re payment. The fee for this was high but it would be worth it. And he would benefit as well he could get his passport. I have not been able to find anyone that can do this. Any suggestions?
Click to expand...
It looks like you are thinking of taking the debt for arrears private. If you do this and did files BK this debt will be dischargeable and you won't ever see a dime.

Are you working? Why would you be out on the streets?
 
Zigner

Zigner

Senior Member, Non-Attorney
kate haas said:
What is the name of your state (only U.S. law)?Texas
Hi.
I am currently living in Texas as is my ex husband. Our Divorce took place in California. My ex is currently $70 grand behind in child/spousal support. He would like to get a passport for his work but cannot due to these arrears. He told me (threatened) that if he cannot receive a passport he will loose his job and We ( his boys and I will be in the street) He does pay court ordered support taken from his check. Only $400. of this goes to arrears. At this rate I will be dead before he has paid it and we could use the cash. He makes aprox. $170 or more and we live on $36,000. and drive a 20 year old car. A friend told me of a company her Mom used that paid her the back support owed and then went after the Dad for re payment. The fee for this was high but it would be worth it. And he would benefit as well he could get his passport. I have not been able to find anyone that can do this. Any suggestions?
Click to expand...
You won't get the full amount of back-support owed (how could they make money if you did?) And, furthermore, that changes the nature of the debt so that it can be discharged in bankruptcy.
 
M

mistoffolees

Senior Member
Zigner said:
You won't get the full amount of back-support owed (how could they make money if you did?) And, furthermore, that changes the nature of the debt so that it can be discharged in bankruptcy.
Click to expand...
The bankruptcy part MAY be a non-issue.

There are different ways that this can be handled, but a common one is that the company will simply buy the right to collect for a fixed sum. In that case, OP would have her money and if the company is unable to collect, they would be the ones who lose out (but check the contract to make sure they don't have the ability to come after you if ex fails to pay).

As long as the contract doesn't allow the company to come back on OP and if OP is willing to live with the discount level, it can be a good deal.
 
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