Legal Question in Bankruptcy in Texas
Can child support be reduce if your under bankruptcy
Asked on 8/26/11, 8:57 am
2 Answers from Attorneys
Mark Dunn
Mark D. Dunn
The filing of a bankruptcy petition is not (in and of itself) grounds for a reduction in child support.
Answered on 8/26/11, 6:52 pm
Keith Engelke
Law Office of S. Keith Engelke
Child support is determined by taking a fixed percentage of your net resources. This is usually your salary. If your salary changes, your net resources change. You can file a motion to modify your child support obligation by showing the court that your net resources have changed.
A filed bankruptcy petition is evidence that could support that contention. Before filing the motion to modify, discuss it with your bankruptcy attorney. It may be necessary to file a motion to lift the automatic stay to permit the filing of the motion to modify.
Answered on 8/27/11, 7:51 pm
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