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  1. #1
    Join Date
    Jun 2012
    Posts
    5

    Default Child Support and Chapter 13

    My question involves child support in the State of: MI

    I recently filed chapter 13 to get a repoed car back which is absolutely necessary for work and I have no means to get another.
    Unfortunately, I filed chapter 7 about 18 months ago so I will be required to payback 100% of my claims over 60 months.
    This resulted in a payment of 350 bi-weekly.I have made my first payment and am awaiting my 341 hearing in 2 weeks.
    I have just been informed that despite a prior agreement I am now the supposed "father" of a 1 month old child.While a test will of course be done at some point, I have little doubt that I was lied to about our agreement and it is my child.
    As of now I have signed nothing and don't even know his birthday or what was put on the birth certificate so am not LEGALLY responsible YET.
    My dilemna now is.... should I

    1) Hold her off until my bankruptcy is confirmed and my direct payments have begun?
    My lawyer isnt aware of this yet as I just found out myself.This may cause a dismissal of my case due to lack of funding.
    I make approx. 2400/month and the bankruptcy payment is 700/month.
    I am assuming once my case is confirmed and as long as they get their money from my check it wont be dismissed.

    She is asking for $800-900/month cash as she is not working. She countered with $700 but i told her $600 would leave me with barely enough for insurance,gas and food but might be possible.

    Regardless of what we come up with a court order is inevitable.Even $900 moth isn't going to support her and the child.
    Even though I have no obligation to support her directly which is what she is expecting.

    Is there a limit on the TOTAL amount that can be taken from my paycheck including my bankruptcy payment and child support?
    I believe I saw a 65% combined limit somewhere.However, since my bankruptcy is 100% payback and already maxed at 60 months how will that affect things since it cant be lowered?

    I also will be on the hook for partial birth costs because she had no insurance and mine only covers the child after birth since we arent married.I know I shouldn't wait long to have an official payment, due to a potential retroactive request
    but am concerned how it may cause my bankruptcy case to be dismissed and cost me my car.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,671

    Default Re: Child Support and Chapter 13

    You can calculate your obligation under the Michigan Child Support Formula.

    If you're going to be on a 100% repayment plan, then whether or not you're also paying support won't affect the amount you have to repay. You need to evaluate whether or not you will be able to afford to complete the repayment plan if you are also paying your nondischargeable, ongoing child support obligation.

    A payroll deduction order can significantly improve compliance with a "chapter 13" plan, but it's not the same thing as an order of garnishment to satisfy a judgment debt.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,618

    Default Re: Child Support and Chapter 13

    Despite a prior agreement?

    Explain please?

    Put it this way - your child support obligation isn't going away. The chance at a Ch 13 might be out of the window though. Talk to your bk attorney.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4
    Join Date
    Jun 2012
    Posts
    5

    Default Re: Child Support and Chapter 13

    there was not supposed to be a child.
    im not expecting my obligation to go away.
    im wondering if there is a limit to how much can be taken from my check between the 2 things.
    As of right now, I'm not aware legally I have a child that needs support.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,618

    Default Re: Child Support and Chapter 13

    Sex = risk of pregnancy. These things happen.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
    Join Date
    Jun 2012
    Posts
    5

    Default Re: Child Support and Chapter 13

    I am quite aware of that. There are things that can be done after the fact however.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,618

    Default Re: Child Support and Chapter 13

    Not by you
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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