readytoscream
Member
What is the name of your state?What is the name of your state? Texas
Will try and keep this short and simple, but no promises!
My husband makes on average $1080 a month from self employment, after business expenses. When he was divorced, the only way his ex would sign the divorce papers was for him to agree to $300/mo in child support for their now 12 year old son. (She originally wanted $800). At the time, his lawyer told him that he only was obligated to pay $180, but he agreed to the $300. He also took on approx. $80,000 in credit card debt from the marriage, she took none of it.
We managed to keep up to date on the support for awhile, and got the debt paid down to $25,000 in less than 3 years. In the past year, things have happened - had to move the business, moved to a different rental, car repairs, etc. - that put us behind in support and other bills. Most of these debts are still those left from his previous marriage.
After much deliberation, we decided to file for Chapter 13, and are just weeks away from doing so, all the paperwork is underway and has been for about a month now.
In the mail this morning, my husband got a letter from the AG stating that the child support amount per month is now $443/mo to cover health insurance, back support, interest, and current support.
The Chapter 13 does include the back child support as a priority debt. We have already spoken to our lawyer about this, and it's still undecided as to what will be done now.
He wants to get his original support order modified, and we know the process of how it's done. The thing is, we can not afford an attorney in anyway to do this for him. Is it possible to do this himself? And if so, where would he find the forms to do it?
To top it all off, his ex does not let him see his son very often. She put him off for 9 months the last time. (they live in another city) When we do get him, we do provide what clothing, etc, that we can afford. This afternoon, his ex called, wanting my husband to help buy parts for a motorcycle that she bought for their son.
I don't want to come off that he is a deadbeat dad in anyway. But, he is having problems with her now talking about also trying to raise the support (we know this can't be done, don't worry). In the last 5 years of their marriage, it was discovered later that not only had the credit cards been run up and that their were twice as many cards than he knew about, but she had also managed to siphon off approximately $48,000 from the business . (She would tell him that she was spending the money on supplies, etc, when in fact she was putting them all on the credit cards - this is why we only have about $1600 left over after business expenses, and it has been less some months) This money still has not been found, though 2 different savings accounts were discovered also after the fact, by that time, all the $ was gone out of them.
We know that in 5 years after the debts are all finally paid off, our financial situation will improve, and at that time, we will be more than happy to let her modify the order again to raise the support.
I help in the business, and take home a wage of $520/mo from it. (Book keeping, doing part of the services for clients, etc.) I also wait tables 4 days a week, 7 hours a day to supplement our income. Even with this, we barely make it. I also pay child support, and am also behind. I have told my ex about the bankruptcy and that he will start recieving current payments by July 15, and payments towards back support by the end of August. He has no problem with it, and also no probs with visitations.
Will try and keep this short and simple, but no promises!
My husband makes on average $1080 a month from self employment, after business expenses. When he was divorced, the only way his ex would sign the divorce papers was for him to agree to $300/mo in child support for their now 12 year old son. (She originally wanted $800). At the time, his lawyer told him that he only was obligated to pay $180, but he agreed to the $300. He also took on approx. $80,000 in credit card debt from the marriage, she took none of it.
We managed to keep up to date on the support for awhile, and got the debt paid down to $25,000 in less than 3 years. In the past year, things have happened - had to move the business, moved to a different rental, car repairs, etc. - that put us behind in support and other bills. Most of these debts are still those left from his previous marriage.
After much deliberation, we decided to file for Chapter 13, and are just weeks away from doing so, all the paperwork is underway and has been for about a month now.
In the mail this morning, my husband got a letter from the AG stating that the child support amount per month is now $443/mo to cover health insurance, back support, interest, and current support.
The Chapter 13 does include the back child support as a priority debt. We have already spoken to our lawyer about this, and it's still undecided as to what will be done now.
He wants to get his original support order modified, and we know the process of how it's done. The thing is, we can not afford an attorney in anyway to do this for him. Is it possible to do this himself? And if so, where would he find the forms to do it?
To top it all off, his ex does not let him see his son very often. She put him off for 9 months the last time. (they live in another city) When we do get him, we do provide what clothing, etc, that we can afford. This afternoon, his ex called, wanting my husband to help buy parts for a motorcycle that she bought for their son.
I don't want to come off that he is a deadbeat dad in anyway. But, he is having problems with her now talking about also trying to raise the support (we know this can't be done, don't worry). In the last 5 years of their marriage, it was discovered later that not only had the credit cards been run up and that their were twice as many cards than he knew about, but she had also managed to siphon off approximately $48,000 from the business . (She would tell him that she was spending the money on supplies, etc, when in fact she was putting them all on the credit cards - this is why we only have about $1600 left over after business expenses, and it has been less some months) This money still has not been found, though 2 different savings accounts were discovered also after the fact, by that time, all the $ was gone out of them.
We know that in 5 years after the debts are all finally paid off, our financial situation will improve, and at that time, we will be more than happy to let her modify the order again to raise the support.
I help in the business, and take home a wage of $520/mo from it. (Book keeping, doing part of the services for clients, etc.) I also wait tables 4 days a week, 7 hours a day to supplement our income. Even with this, we barely make it. I also pay child support, and am also behind. I have told my ex about the bankruptcy and that he will start recieving current payments by July 15, and payments towards back support by the end of August. He has no problem with it, and also no probs with visitations.
