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    madmottier's Avatar
    madmottier Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 4, 2007, 07:02 AM
    Child support interest
    I owe 30,000 in interest and my question is can I file bankruptcy on this money the initial support is paid I would settle with my ex but that is not a option if you no what I mean fell on hard times for 13 years I owed 24,000 the interest is more then I owed what can a guy DO??
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Nov 4, 2007, 07:12 AM
    $30,000 interest on $24,000 worth of child support sounds highly irregular. Double-check the figures and make sure you're understanding them correctly. At any rate, filing for bankruptcy will not relieve you from any judgement of law against you, much less child support. If the actual support is paid up-to-date and you had legitimately fallen on hard times, your best recourse would be to go back and file for a modification of the child support order to include reducing or eliminating this interest. If the actual support is paid up and you truly fell on hard times beyond your control that made it difficult or impossible for you to pay and indicate a willingness to settle with the ex but to no avail then I think a judge would grant you a measure of sympathy and work with you.
    tawnynkids's Avatar
    tawnynkids Posts: 622, Reputation: 111
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    #3

    Nov 4, 2007, 10:33 AM
    Just be prepared to answer this question from the court:
    If you fell on hard times and knew you were going to be unable to provide the ordered support then why did you not ask for a modification of child support and if you did why were you denied?
    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #4

    Nov 4, 2007, 12:15 PM
    Maybe some of that is 'fees'. In Virginia, and other places I'm sure, the Child Support Enforcement Agency charges an $85 fee every time your late along with .5% interest on the outstanding balance. Just say you were late every time (twice a month) for 13 years that would be $26,520 just in fees here. It might be worth looking into. The CP doesn't get that money so the CP couldn't settle the case, but maybe the worker for the case would be willing to talk to you about it. Its worth asking.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Nov 4, 2007, 12:19 PM
    Of course when you "fell on hard time" what you needed to do was to go back to court to get your support lowered. And no you cannot file bankruptcy on child support. You can seek to have the payments modified to your current income.

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