Legal Question in Bankruptcy in Georgia

In a Chapter 13 Bankruptcy, child support arrearage is set-up on a repayment plan, will this also include your current child support? What if I can't afford the arrearage repayment plan payment and my current support payment? If I have a vehicle in the Chapter 13 and all the repayment money first goes to the child support arrearage then what happens in 5 years when the chapter 13 is over? Will I still owe the entire balance of my car?


Asked on 7/03/12, 6:14 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all you need a lawyer before you consider Chapter 13. Pro se Chapter 13s have close to a 100% failure rate.

If you lack enough income to catch up child support, pay current support and get your car paid off, a Chapter 13 will NOT work. A condition of a chapter 13 is making all current child support obligations on time. And to keep a car in a 13, you will have to pay for it.

Get a lawyer and explore your options. It sounds like Chapter 13 won't work unless you want to take some drastic measures such as getting rid of the car in the 13.

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Answered on 7/03/12, 7:08 pm


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