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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37811
Experience:  Retired (mostly)
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Filed Chap 13 jointly in April. I filed for dissolution and

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Filed Chap 13 jointly in April. I filed for dissolution and temp orders and family court awarded child support and allocated all of the chap 13 to spouse. Now he is not working and I am worried if the decision could be overturned and make me responsible for all or part of the chap 13 payment


Do you have any income or earnings of your own with which you could make some or all of the Chapter 13 payments?


Edit: I'm off until later this evening. If you don't want to wait, you can relist the question for someone else. But, if you wait, I will be happy to answer your question when I return home.


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Customer: replied 3 years ago.

I could probably come up with a small portion of it... not sure where things stand if isn't able to make child support payments either.

I'm back. Sorry for the delay.

If you still have some income from a job or other recurring source, then you can ask the court to permit you to modify your Chapter 13 to permit you to make much lower payments. If the court doesn't approve your request, then you can either let the court dismiss the Chapter 13, which means you will be right where you started at the beginning of the Chapter 13 filing -- or, you can convert the case to a Chapter 7 and have your debts discharged.

I realize that you may have entered into a Chapter 13 in order to save your home, or similar, but, that can't happen if you don't have the necessary income. And, your ex cannot be forced to make payments, if he is unemployed.

BotXXXXX XXXXXne, your options are limited by the requirements of the bankruptcy court, and the ability of your ex to make the payments. You will have to decide if you want to try to modify the Chapter 13, or give up and convert to Chapter 7.

Please let me know if my answer is helpful, or if I can clarify or provide further assistance.
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