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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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my son wrecked his car in Oct. got divorced in Nov. lost his

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my son wrecked his car in Oct. got divorced in Nov. lost his job in Dec. and can not get another on. He is 80,000. in debt and has one law suit scheduled for end of the month. He has kept up child support but does not have money ($2000.00) a month for support to ex. the notified him. Is there some way he can notify the court that he can not pay this as long as he is out of work without hiring a lawyer, as he couldn't afford it before he was out of work. He was making $80,000 and was hoping he would ge a better job and he could pay the ex but will not have money for bills. will taking bankrupcy help, or just be one more thing to deal with for years to come?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Filing bankruptcy will not help your son in regard to his child support obligation because child support isn't affected by bankruptcy - - can't discharge the debt, reduce payments, etc. However, filing bankruptcy may help him get rid of other debts that he has.

Your son will need to file a motion to modify child support based on his reduction in income and ask the court to reduce the child support payments since he currently has no income.

Here's a form motion that the Colorado judiciary provides that your son could use to ask the court to modify his child support:

Here's a link to the instructions for filing a motion to modify child support:

Here's a link to all the forms:
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Customer: replied 3 years ago.

thank you I will pass that on. I know there is no way to get out of paying child and ex support even though the shares child care 50%.

If he just wrote the credit card co.s and told them he can not pay till he gets a job, would that be better than bankrupcy. I have always thought bankrupcy was just the worse thing that could happen to someone but I gather it as become more frequent now that the economy has gone south. Is there anything else he can do?

Bankruptcy isn't a terrible thing - - it has it's place and can provide tremendous relief in the right situation.

As for contacting the credit card companies, that's probably not going to do any good - - any may just make the companies try to act faster to collect before the bankruptcy is filed. Thus, bankruptcy is probably his best option to get rid of some unwanted debt and then ask the family law court for relief with the child support.
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Customer: replied 3 years ago.

how do you go about finding a lawyer without looking in the yellow pages? It is such an overwhelming task for someone who has just about ready to give up. He had a problem with the divorce attorney who kept leaving messages on the wrong phone so he had no one to represent him in the divorce. Is ther a better way to find a good lawyer that is not too expensive. Can he do this himself as he has so little money?:

I would not recommend trying to file bankruptcy without an attorney. The process is complicated and the cost of a lawyer is generally well worth it in these instances.

The best way to find an attorney in your area is to visit and search for an attorney by area of practice and location. The attorney's listed on this site are the best of the best - - and Martindale-Hubbell is the most respected name in the legal world, so you can feel confident with choosing any attorney endorsed by it.
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