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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default Child Support Modification

    My question involves child support in the State of: California
    My Ex filed an OSC to reduce my child support. 5 days before the hearing, he declared Bankruptcy. I was listed as a creditor. He owes me on a Promissory Note. He is obligated to pay a monthly interest payment. At the hearing, I was charged with this interest as income. The whole time, my Ex and his atty knew that he had no intention on paying this going forward. In fact, he was 5 days late on the payment at the hearing.
    My child support was reduced in half.
    I am representing myself. Can I go back in on ExParte and ask that the computation be nullified based on fraud and recomputed? Or do I need to file a new OSC?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Child Support Modification

    I'm not sure what you're saying. If your ex- just had his support halved because he's bankrupt and has little or no income, then it's unrealistic to expect that it's going to be raised mere days later without any proof of improvement in his financial circumstances.

  3. #3

    Default Re: Child Support Modification

    CHild support is not in exemption in Bk..
    He might put it in his bankruptcy, but it wont get discharged.
    Government owed taxes, student loan, child support, police fine.
    tickets for driving are just the examples that u cant discharge in Bankruptcy.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Child Support Modification

    You're not paying attention. He had his child support modified based upon his financial situation. Nobody is saying that his obligation is dischargeable.

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