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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My ex husband filed bankruptcy and a mini van with both our

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My ex husband filed bankruptcy and a mini van with both our names is in it. He is trying to lower his child support be causes he says he is paying 666 van payment in bankruptcy. Is this true, do you continue to pay the full amount? The monthly ap in the papers says 166. I have a hearing in the morning and need to know which is correct? Can you help

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

Did your ex-husband file a Chapter 13 Bankruptcy?

cfortunato :

Also, what does "ap" stand for?

Customer: Yes 13
Customer: Adequet protection
cfortunato :

Is the adequate protection for the van?

Customer: Yes among his other vehicles
cfortunato :

Thank you for your response. Last question:

cfortunato :

Is the child support payment pursuant to a court order?

Customer: No that is what the hearing is for he wants to lower the child support payment because he is paying the bankruptcy payment on the van and he says its 700 a month
cfortunato :

The amount he has to pay for child support does not at all depend on what he is paying for his vehicles - or for any other expenses he has.

Customer: I know but I just need to know how much he pays for the van in the bankruptcy
Customer: Doesn't mean he is going to win but if I can show he is paying 166 a month not 666 a month it would be easier to fight his petition
Customer: not lower
Customer: notlower not agreeing to lower support if his payment is 166
Customer: i just don't know how to read the bankruptcy papers to know what it says about the monthly ap payment
Customer: can you just tell me how it works, do you file on a car and make the full payment or is there a break somewhere in there
cfortunato :

Domestic support obligations take priority. The Bankruptcy filer must list his income, then deduct child support payments, and whatever is left over can be used to pay for his vehicle.

cfortunato :

In most states, a Bankruptcy filer is allowed to pay for only one vehicle.

cfortunato :

It is not the other way around - a Bankruptcy filer cannot first subtract his vehicle payments, and then base his child support payments on what is left over - a Bankruptcy filer must first subtract his child support payment and then pay for a vehicle with what is left over.

cfortunato :

This because child support is a "priority" debt.

cfortunato :

Is this what you wanted to know?

Customer: ? Hello
Customer: No
Customer: he filed bankruptcy 3 years ago
Customer: I just need to know if he is paying the full amount or not? Has nothing to do with support right now is he paying full amount do papers say how much goes to whom?
Customer: He has two vehicles and a boat and an atv
Customer: Just don't want to look dumb if I say he is only paying 166 and he is paying 666
cfortunato : Yes - among the Bankruptcy papers is form 22C - which includes his vehicle-payment amounts. You can get a copy of this form from the clerk at the Bankruptcy court.
Customer: Great thank you!
cfortunato :

You're welcome!

cfortunato :

But before you leave, please don't forget to provide a positive rating for my help.

cfortunato :

Thank you!

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