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Posted: Tue Mar 06, 2007 10:12 am Subject: Child support

My case is sad because a modification of child support affected seriously my financial status and way of life. I have a salary of 18/hour, with a dependent (unemployed) and I have to pay $1,200 monthly. Therefore I am starting to file a Bankrutcy chaapter 13 in order to modificate or reduce the child support amount, how is this process?
thanks

Posted: Tue Mar 06, 2007 11:06 am Subject:

I do not know if file Bankruptcy will do anything for you. My agreement is set up that it doesn't matter if you file bankruptcy or not, it does not affect child support or the amount. My ex filed bankruptcy and it did not affect what he had to pay me. You might want to talk to your attorney that handled your divorce and see what they have to say about it. Also read your agreement and see what it says about filing bankruptcy. Mine has information in it regarding this.

Posted: Tue Mar 06, 2007 11:07 am Subject:

Every state has its own laws on child support figure. Depending upon the state in which the child support order was issued, and depending upon the change in your income, you may have reasons to modify the figure. The court will ascertain looking at the best interests of your child if they are to modify the amount of the child support because of the changes in your living expenses. You should certainly consult an attorney and prepare your case.

Posted: Tue Mar 06, 2007 11:40 am Subject:

Child support is not dischargeable in bankruptcy,you may get a little breathing room with ch 13 but you still gonna have to pay it. Hire attorney to have case either reviewed or appealed.

Guest · Posted: Sun Apr 01, 2007 5:31 am Subject:

No what is sad is you don't want to be a responsible parent and pay the child support you are ordered to, you need to change your "way of life" and your attitude when it comes to parenting. If you want to be a weasel and pay as little CS as you can then quit your $18hr job and go work at KFC for $7hr, then you won't have to pay that much, I hope the BK judge knocks you back to earth and reams you from one end of the court room to the other.

Posted: Sun Apr 01, 2007 5:52 am Subject:

Guest,
You are quite correct.Support your kids.I only mentioned the rehearing to rule out op being overcharged. I am of same belief that kids are your responsibility.

Posted: Mon Apr 02, 2007 11:58 am Subject:

My ex managed to get his CS reduced when he got out of the military and I have not bee able to get it increased back up for 12 years. He has quit work everytime I have tried to do something to where he does not have the income. When I tried to talk to him about an increase of $50 per child, he went nuts and started calling me everything in the book! I loose child support on my son in a couple of months and have 4 more years for my daughter. He hates having to pay me any money. I am sure we are going to get into it when she turns 18 because she will just be starting her Senior year in HS and he is going to want to stop paying on her 18th b-day, but I believe he has to pay for her as long as she is still in HS school.

Posted: Mon Apr 02, 2007 12:05 pm Subject:

I too believe that if you have kids, you should help support them. I tried to work with my ex and ended up getting screwed, but I do believe in being fair and if there is a change that needs to be made due to an ex working or whatever, this needs to be talked about with an attorney and things can go from there.

Posted: Mon Apr 02, 2007 1:15 pm Subject:

Yes I agree! My husband has two other children and the only reason he went to get his lowered is because we have them more than half the time-so why keep paying their mother for children we have 8 months of the year??? But she still gets over 500 a month just from us not to mention the support she gets from her other baby daddy...I would rather pay her and have the kids with us anyway....

Posted: Mon Apr 02, 2007 1:32 pm Subject:

My ex does not have anything to do with his children, but that has been his choice. I have not had an increase in 12 years and took the $100 decrease when he got out of the military and never seen it again. I get $300 per child and he complains and complains. My husband now, would have adopted them and we even offered that, but my ex has refused, but wants to throw up that I have my husband to help pay for things for the kids and I have my folks if they need anything, blah, blah, blah. He forgets that he had the fun of making these children, so now he should have the responsibility to help take care of them! He is such an a$$ that my son refuses to have anything to do with him and calls him a spem donor. My daughter is still torn on how she feels...mostly because she was a baby when me and her dad split so she did not have to hear or see the abuse or anything like that. My son was old enough to remember and remember seeing his daddy with another woman. It has actually gotten to the point, I don't ask my ex for anything. He is suppose to help pay the medical bills and such, but the are in my name and if he doesn't pay, who do they come back on anyway, ME...not him, but me. He has got as little insurance on them as possible (thankfully my husband put them on his policy), my ex took them off his dental policy without telling anyone and used the excuse, well they don't want anything to do with me anyway, so I figured why pay for the dental. Only medical is required! In the past 6 years, he has not sent the kids anything for their birthdays, Christmas or anything. He does not call them or write them and really hasn't too much since we separated and yet he wonders why they don't have anything to do with him. His excuses are...well they don't call me, they don't send me cards, they don't send me anything, so why should I. My husband and I figured we would just let him be, for the most part. The less he is in our lives, the better. The kids do not ask about him, do not ask to call him, do not even talk about him. My son has informed me that he does not want him at his graduation (or any of my ex's family either) and does not want him knowing he is going into the military either. It is sad.

Posted: Mon Apr 02, 2007 2:01 pm Subject:

That is a shame! I am sorry to hear that about your childrens father...but if he is that big of a jerk perhaps it is better that your children dont see him....

Posted: Mon Apr 02, 2007 2:46 pm Subject:

2ndband - This may seem like an odd question, but do you or your son listen to Dr Laura? She always refers to those kinds of "dads" as sperm donors . . . . .

Posted: Mon Apr 02, 2007 2:58 pm Subject:

2ndband,It is not all lost. I raised my wife's first son as my own and this year gladly adopted him after stomping the daylights out of that spermdonor.He had the nerve to contest when he has lived within 150 feet from my home for the last 12 years Shocked

. Judge put him out and he paid my court costs so it worked out good. If you find you a special person,then they may be able to do this with yours.

Posted: Mon Apr 02, 2007 3:52 pm Subject:

2nband - what does your divorce decree say as far as the child support goes? 18th birthday, or as long as she's a student, he's responsible for support? That may be the deciding factor, unless your state laws say otherwise. Some states require support be paid as long as the child is a student in high school. It doesn't apply when they go to college.

Posted: Tue Apr 03, 2007 6:27 am Subject:

Thanks everyone ~

Leah, yes he is a jerk! As we see it now, it is better that the kids don't have to see him. I remember a few times they did go see him and they would come back the children from hell. I don't know what happened but they were terrors when they would come home from spending time with him. But this is his choice and he is the one loosing out.

Goudah ~ no neither of us have ever listened to her. I have heard her name, but that is about it. I am not sure where he got the sperm donar thing from, but he has been calling my ex that for a long time now. In fact, he calls my ex by his first name and calls my husband dad.

Cajun ~ Congratulatins on the adoption!!! That is great. My husband would have and still would adopt my kids, but my ex won't let him, yet he wants to gripe about the money. A couple of years ago when my son turned 16, he wanted to legally change his last name, at first my ex agreed then he changed his mind and said we had to take him to court. He would not contest it in court, but it had to go to court. Needless to say he and my son had a few strong words and my ex said if he wanted my husbands last name so much, why not have my husband adopt my son. My son asked him if he would sign the papers, and my ex said he didn't know...depended on his mood. My ex is such an ass! When the kids were small and we were first separated, he did send the kids cards and a few gifts, but I bet in the last 7 or 8 years he hasn't sent them anything, nothing for Christmas, birthdays, nothign. Oh wait, he did send my son a card for his birthday a couple of years ago, but it was not a card that said to my son...It showed a toothless man holding a possum on it! Of course there are no phone calls, no letters or anything like that and he took the kids off of his dental insurance because for 1 it isn't required for him to have them on it and 2, he has accepted the fact they don't want anything to do with him, so why should he do more than he has to. They don't do anything for him, so he feels he doesn't have to do anything extra for them. My husband has them on all of his policies, which helps a bunch. I am really thankful for my husband. He loves my kids as his own, in fact, he calls them his kids anyway and they use his last name on everything they can, except legal stuff, and they think of his as their daddy. My son turns 18 in June and has already told us, he will have his last name changed before he goes into the military so he can have his "fathers" name on his uniform. Me and my husband have not been able to have a child together, (long stories and a bit painful), so these are the only kids he will have and he could not love them or be more proud of them and he feels he is their dad even though they are not related by blood, which he is! Cajun, my hats off to you for what you have done for your stepson, who is now officially your son. I know it is hard sometimes, for I have seen my husbands struggles off and on, but as he has said, it is worth every minute of it. Again, congratulations!

Suebee ~ I cannot remember exactly how things are worded in my decree, but will be getting it out soon to be sure, plus be talking to my attorney (in VA because that is where the divorce was filed). Heck at that time, if he doesn't want to send it to me, he can put her name on it and we can put it into a savings account for her for college! Will let you know when I find out though.

Posted: Tue Apr 03, 2007 6:35 am Subject:

Have you researched your laws referring to intrafamily adoption.I know in my state if there is no contact for 180 days or no support for 180 days,they have no legal right to contest.That is how our spermdonor got stomped.Another thing if you do go to court,children are able to testify after a certain age expressing their wishes.In my state,that age is 12.

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