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  1. #1

    Default How Does Getting Married Affect Bankruptcy and Child Support

    My question involves bankruptcy in the state of: Nevada

    I've posted in another forum regarding adoption. I have retained a lawyer who will be helping with the bankruptcy process however I have a few questions:

    Dad and I broke up not long after pregnancy. Amicable, acknowledge's the child but wants no involvement. Alls well, until.

    I'll sum it up best I can. I was out of work a couple of months. I was on medicaid for a couple months, long enough to get a necessary medical procedure so that I was able to get back to work. $40,000 procedure, making payments. Medical neccesities without medicaid are close to $900 monthly/ one paycheck. Not gaining much ground, but surviving. 2 years after the child is born I meet my partner. 4 years after that:

    Dad requests a paternity test through the child support office. Im unclear as to whether he initiated this, or if the state went after him and that is why he asked for one. Either way, I obliged. Cue ensuing child support case. The state wants their cut, understood. Dad is not happy. He wants to terminate rights. Judge will not allow this. So he files for custody.

    Partner and I have been together a considerable amount of time, we wanted to discuss with a lawyer how my debt would affect his assets/credit/accounts/insurance. He's much better off financially than I am. Making upwards of 90k a year.

    For the record, my son knows this man is not his dad, and has been raised to call him by name. I have chosen to remain financially independent until now, marriage is a very legally binding contract, and I do understand the importance of it when considering adoption, thus why we will be getting married.

    The reason for the rush isn't necessarily ours. Rather it is that (according to, anyway) the lawyer will draft up paperwork that can stall the marriag
    Dad and I broke up not long after pregnancy. Amicable, acknowledge's the child but wants no involvement. Alls well, until.

    I'll sum it up best I can. I was out of work a couple of months. I was on medicaid for a couple months, long enough to get a necessary medical procedure so that I was able to get back to work. $40,000 procedure, making payments. Medical neccesities without medicaid are close to $900 monthly/ one paycheck. Not gaining much ground, but surviving. 2 years after the child is born I meet my partner. 4 years after that:

    Dad requests a paternity test through the child support office. Im unclear as to whether he initiated this, or if the state went after him and that is why he asked for one. Either way, I obliged. Cue ensuing child support case. The state wants their cut, understood. Dad is not happy. He wants to terminate rights. Judge will not allow this. So he files for custody.

    Partner and I have been together a considerable amount of time, we wanted to discuss with a lawyer how my debt would affect his assets/credit/accounts/insurance. He's much better off financially than I am. Making upwards of 90k a year.

    For the record, my son knows this man is not his dad, and has been raised to call him by name. I have chosen to remain financially independent until now, marriage is a very legally binding contract, and I do understand the importance of it when considering adoption, thus why we will be getting married.

    The reason for the rush isn't necessarily ours. Rather it is that (according to, anyway) the lawyer will draft up paperwork that is something of an informal agreement to stall the adoption,(and Dad/custody threats) process for about a year, sinice we hAve to be married for at leaSt that long. This will put Dad's mind at ease while we get our affairs in order. Im more than happy to stall the process for as long as possible, Dad is not.

    Where bankruptcy comes into play is that as a stipulation of agreeing to the adoption/termination, Dad would basically pay the filing fees, etc for the bankruptcy and possibly total cost, rather the arrears ( those not owed to the state, I was not on medicaid very long) would be applied towards this/the adoption. Obviously I'm not sure how that entire process would work. Any clarification would be appreciated.

    How does our getting married affect bankruptcy, and should we wait until it is completely taken care of before getting married and proceeding in filing for the adoption.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Help

    The state welfare office will initiate a paternity action when you recieve benefits and have a child without a named father. Why should the public pay for everything when there is a father out there that should be paying for his child?

    i don't understand who has this $40k debt though. The child's father would not be liable for your medical costs, only his child's.

    To the state getting their cut; really? You think the state benefits from this? They seek reimbursement from a liable party so I don't have to pay for your child.

    It appears Nevada is a community property state so that could cause your partner to be involved ficnancially, for community debt if you wait to file. I have no idea what you have now that may be considered jointly owned property. If any, that means your partners situation could be affected, not in seeking their share of the asset but in dealing with your share. I would speak directly with a lawyer regarding your situation prior to taking any action.

  3. #3

    Default Re: Help

    The father was named on the birth certificate. I never filed for any child support.

    I understand that being on state assistance you are obligated to identify the father (already done) and establish an order for support. Why they waited nearly 4 years after the fact to do that is lost on me.

    In any event, the medicaid was only used for a short period of time, 3 months. I had an incident at work that resulted in the ambulance being called. Followed by another a couple of weeks later. The first responders threatened action against my supervisor. I was put on medical leave.

    Prior to this I've handled my medical condition, continually cared for my child without any assistance from the government, or Dad (or stepdad for that matter). However I don't have insurance through my job (one of the few that would hire me with my particular health condition.) I don't drive. The incident at work severely exasperated my condition. After exploring all other options, I did what I needed to, in order to get a necessary procedure done.

    That being said, yes it is not Dad's job to pay for my health conditions, it is dad's job to pay for his child, which he has not done, and does not plan on doing. Hence the reason he has proposed termination (not possible unless we agree to a steparent adoption.) Which is why instead of the child support owed, (that of which is not owed to the state) this is the proposed plan.

    The 40k debt is mine solely, however, the amount of child support owed, could easily settle said bankruptcy.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Help

    You need to be talking to your attorneys. There is obviously more to this story and a message forum cannot really help you further.

  5. #5

    Default Re: Help

    Thank you.

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