Legal Question in Bankruptcy in Alabama
desperate need of help
is including child support arrearages in filing chapter 13 legal? and if so ,,can u tell me how that works.?
2 Answers from Attorneys
Re: desperate need of help
Short answer --- Your past due child support will be included in a Chapter 13 case.
In chapter 13 your attorney will work with you on a strategy for a proposed plan of repayment for all your debts including your child support arrearage. The key test in terms of your specific situation will be calculating your monthly income and comparing this to your monthly expenses. A required part of any bankruptcy filing under Chapter 7 or 13 is a detailed list of your necessary monthly living expenses. This is an estimate however it should be relatively accurate. This monthly list would include such items as rent, car payments, food, utilities, etc. You would not include any payments of unsecured debts.
Basically, after subtracting your monthly expenses from your monthly net income your attorney can estimate your "disposable income" and from this he/she will have a good idea of the amount of money you have leftover to pay into a chapter 13 plan. It is very important that you have employment. Please feel free to call me personally to discuss your situation in more detail. ph. (800) 303-0720
Re: desperate need of help
In a chapter 13, you have to list all your debts, including arrearages, which can be paid in the ch 13 plan that essential sets up a budget for living expenses, without going on bread and water type budgets and without expecting a Steak and Caviar budget, what 's left over must go to your creditors over three years ,and in some case up to five years
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