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Child support back pay

My husband is thinking about filing bankruptcy. I will not be filing.
I currently recieve child support from previous marriage. I realize that my income including this child support is taken into consideration.
My ex-husband owes me back pay for child support for the last 2 years in the amount of $2500. It is in the family responsibility courts now and will take some time to come in to me. But it is Backpay, not current amounts. Amounts that were supposed to be paid for the past 2 years but he just didnï¿½t pay the right amounts to me.
My question is, if my husband files and then the backpay comes in to me, will that be taken to pay the bankruptcy as household income even if it wasnï¿½t earned in present day?

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One Response to “Child support back pay”

Barton Goth GCO Bankruptcy Trustees said...

This superintendent guideline that you are referring to is what determines the cost of bankruptcy, and while you are correct that it is based on total household income, it is then multiplied by your husband’s percentage of the total household income. Now I realize that this wasn’t exactly what you asked, but it is important, because your child support back pay would be included in total household income, but the income for that month (or months) will be multiplied by your spouse’s income to determine the calculation, so you shouldn’t have to worry significantly.

For more information on this you would be best to discuss this directly with your husband’s trustee.