Can Chapter 13 Bankruptcy Lower Child Support
My ex-husband has filed for Chapter 13 Bankruptcy. I received the notice of his plan through the bankrupty court and his lawyer is trying to lower my child support through his bankruptcy. Is this legal in Texas? His child support obligation was set four years ago by the Texas Attorney General and it actually should have been raised a year ago but I chose to wait a little longer before re-evaluating it. Can I have it re-evaluated while he's in bankruptcy?
Re: Can Chapter 13 Bankruptcy Lower Child Support
Child support can not be discharged in bankruptcy & normally is not lowered. Since he is filing chapter 13, he will have other debt payments that are reduced & this add'l. freed up amt. can help him keep up with his child support payments. If you have a lawyer (such as your divorce lawyer), you might contact him/her to see about keeping the payments the same & *maybe* even re-evaluating the amt. to a larger payment. You do need to talk to a lawyer - I don't know how much in debt your ex is or what his income/assets are, etc.
Re: Can Chapter 13 Bankruptcy Lower Child Support
The Chapter 13 plan can restructure a child support arrearage, but shouldn't have any effect on the ongoing obligation (new payments coming due). Even with the arrearage, the restructuring should relate to the timing of repayment, not the amount owed.
If you are planning to petition a child support agency to increase his support payment, and don't have a lawyer, you should notify the agency when you petition that bankruptcy proceedings have been started. This shouldn't be the first time that they have had to deal with bankruptcy issues.