We both filed for bankruptcy, now my wife wants a separation

June 12th, 2015 by Questions

We just rented a place and moved to another province. We both filed for bankruptcy, and now my wife wants a separation and to move out. Our budget was very tight and we have no money extra. Our budget is worked out with both of us and our two kids. Once she moves out, I am told that I will make too much because the household will become two people in the house as will share custody. I have supported our family for eight years now. I am told if I make too much I will have to do 21 months instead of 9 months or I can pay child support and that would change my net. I still have all the same bills as we entered bankruptcy and she is the one that walks away. Do you have any advice? Would child care expense change the allowance on the net income once she moves out?

Questions

One Response to “We both filed for bankruptcy, now my wife wants a separation”


June 12, 2015 at 6:04 am, Desmond West-Chow, CIRP said:

As you’ve already filed for bankruptcy, ultimately speaking with your trustee is going to give you the answers you’re looking for. Generally, child support is an expense that’s classified as Non-Discretionary, which is an expense typically deducted off your net income to determine a surplus payment (or if there would be one). Keep in mind that your trustee is there to help provide information and answer questions you have. They’re very knowledgeable individuals that have an in depth understanding of the bankruptcy process and as such they are your best source for information about your ongoing bankruptcy.

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