Thank you so much for the information. Very clear, concise and well-written.
I am filing this without the aid of an attorney. I am not trying to protect any major property or belongings, etc. Just trying to lower the amount of child support arrears garnished per check.
I just found out I can tip you. GOOD TO KNOW. :)
1. I have a garnishment for child support arrears, which I need lowered. That is the main reason I am filing the 13. Once I file, will that stop the garnishment, because now I would be paying through the bankruptcy? My plan shows payment in 5 years.
2. Schedule E: My wife is the creditor for the child support arrears. Is the date claim was incurred when I was court ordered to pay...also, what would my consideration be? Is it contingent, unliquidated or disputed?
3. Schedule G - I am assuming this is my portion of the rent, etc. Now, my car is owned by my wife (with a note on it) and the insurance is in her name too. My credit is bad. Is she the holder of the car lease? Do I list cell phone contracts and electric bills under here too?
4. Schedule I - I am married, but filing alone. Does my wife's income still go here?
5. Schedule J - Is this just my expenditures or of my wife and I (we are the only 2 in the household)?
Hi. You stated that bankruptcy has no affect on child support obligations, either current or arrears. I understand that I am to remain current on my child support obligations - I have never missed a payment in five years. It's the arrears (due to child care costs and an excellent lawyer my ex-wife had) that are killing me through the garnishment. Is there no way via bankruptcy to reduce the amount I am paying in arrears each month? I thought I would be able to cut that in half, and then apply my tax returns to the balance - which would then allow me to pay all of this off within the five years.
So, what you're saying is, is that filing bankruptcy will, in no way, how, shape or form be able to stop the garnishment of the arrears from my check so that I can pay less through the bankruptcy per month, yet cover the entire balance in 5 years due to turning over my tax returns?
If the garnishment had not already been in place, it would be allowed to spread out the arrears payment over the Chapter 13 plan period (up to 5 years).This cannot be done once a domestic support garnishment - which is not affected by a Bankruptcy - is already in place.
...and I am assuming that is something I do through the Family Court, correct? I petition them and hope for the best?
OK. I am paying the arrears to the Child Support Enforcement Bureau. That doesn't change anything, right?
OK. Off to rate than Family Law then.
As far as I know, all child support garnishment in NY is handled by the Child Support Enforcement Bureau. So, unfortunately, that fact does not make change anything.
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