Legal Question in Family Law in Texas
bankrupt
my mother owes $7000+ in child support and about $700 in tickets
the state takes out most of her check directly from her check so theres not much left afterwards to live on
she dont even get to c her kid shes paying child support 4
it was my idea to declair bankruptcy to get rid of the child support couse she has nothing in her name cept the car and shes putting it in my name
is this a good idea or should she try something else??
2 Answers from Attorneys
Re: bankrupt
Child support is not dischargeable in bankruptcy.
Re: bankrupt
In addition to child support not being dischargable, fines are not dischargeable either. If your mother's income has dropped since the court ordered the child support, she could hire a lawyer to look into filing a motion to modify the monthly amount and have it lowered.
Additionally, she could file a suit against the person who is not providing her access to the child under the family code. Since the person who fails to provide access to the child is usually the same person who gets the child support, this might result in a judgment (or settlment) that can reduce any arrears in child support.
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