[Joe_Wolfe]

I filed a motion in May of '10 to receive child support for my daughter and in July of '10 my ex filed chapter 13 and the Judge in the case pleaded ignorant to whether he should reduce the child support due to the chapter 13 payment because it reduced my ex's net income. This seems ridiculous when under normal circumstances in Florida, mortgages, rent, and car payments etc. do not reduce ones child support payments. My spouse even told the Judge that the child support obligation was not told about to the bankruptcy trustee and could not tell the Judge how the Chapter 13 payment was arrived at. The Judge said he would have to look up case law and consult with some other judges. What does anyone know about this? Can the child support be reduced by someone filing chapter 13 and could the chapter 13 bankruptcy end up getting dismissed if the bankruptcy trustee finds out about the child support obligation that was withheld from them? We are in the state of Florida. Thanks.

[cdad]

He was suppose to reveal all obligations when filing his bankruptcy. Did you get a statement on the filing?

[Fr_Chuck]

Child support at least here is based on gross earnings, not net. So at least in GA it would have no effect. Also the bankruptcy judge does not have the authority I would believe to rule on anything effecting child support. If the other party wanted to use the rulings of the court to ask for a motification of support in family court, they would still have to file there to change child support