Legal Question in Bankruptcy in Texas

Effect of Bankruptcy proceedings on Child Support

My ex-husband has filed for modification to reduce child support and at the same time has filed for chapter 13 bankruptcy. How does one suit effect the other? Can he modify based on that? He claims to be making about half of what he was making last year (but his wage garnishment now happens to be through his live-in girlfriend's father's company -- he's working just as many hours, but they must be hiding a lot of his earnings through this company; he's a truck driver/oil field worker) His only "creditors" are his first ex-wife for child support and arrears of around $12,000, me, for child support and arrears of around $8,000, his attorney for these proceedings, and a $500 loan related to his truck. If he is granted the bankruptcy, does it mean he doesn't have to pay the full amount of child support each month? Does it cancel the interest accrued? How long before legal action can be taken against him? What are my options?


Asked on 5/11/00, 1:07 am

1 Answer from Attorneys
Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Effect of Bankruptcy proceedings on Child Support

When someone files for bankruptcy, there are certain debts which are not dischargeable. One type of debt is child support. He will still have to pay the child support arrearage and any new monthly child support. With reference to his modification action, he will have to prove that there has been a substantial change in circumstances to warrant a downward modification. You should investigate closely as to his income. His income tax returns for 1999 for example. However, under the table income is hard to find. You may want to consider retaining an attorney for this one since your attorney could do some good investigating to determine his real income. The money you spend now for an attorney may be worth it in the long run since you may prevail in not having the child support reduced.

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Answered on 6/30/00, 3:42 pm


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