Ask a Bankruptcy Lawyer - Is Child Support Considered Income when Filing?

If you have a general question about filing bankruptcy, you can submit your questions here. Please note that all questions received are answered by a real bankruptcy attorney, however, the answers given are only meant to be general in nature and are not meant to replace legal advice.

If you are outside of California and need an attorney, click here to find an attorney. Again, none of the information found on this site is meant to replace the advice you can obtain through a qualified legal professional, in your own state (as certain things differ by state in bankruptcy), who has taken the time to look at the specifics of your case before answering.

Questions about using Bankruptcy Lawyer vs. Filing Pro Se

Q: "What advantages are there to filing bankruptcy through a lawyer rather than filing pro se, if any? What can I expect to pay in lawyers fees if I go that route?"

Signed: Worried about costs, California

A: The advantage is having your case done correctly. Think of it in terms of trying to do surgery on yourself vs. having a surgeon do it. Surgery can be expensive, but it's better than bleeding to death in your living room. See http://www.bklaw.com/california_lawyer/hiring_bankruptcy_attorney.html for more on this topic. Attorneys fees vary depending on where you are, who you hire, what chapter you're filing, the complexity of your case, and other factors. Most attorneys provide free, or low cost, initial consultations at which time you will be given a fee quote.

Is a Back Child Support Payment Considered Income When Filing Bankruptcy?

Q: "A debtor files Chapter 7 with her current spouse. She does not receive court-ordered child support from her ex-spouse of 14 yrs., although for the past two years she has received a check in the fall that appears to be the ex-spouse's income tax refund, for approximately $4000.00. As this money is not guaranteed, does not come in monthly installments, as it was court-ordered to be, and therefore cannot be worked into a monthly budget as "income", is it still viewed as an exemption? Specifically, if the support check was received after filing but before the 341 meeting?"

Signed: Perplexed about back child support, Arizona

A: Exemptions are statutory "protections" of assets. Income is not an exemption; it is income. I'm not sure what question you're trying to ask. If the debtor is entitled to money on the date the bankruptcy case is filed, whether that's a tax refund, or spousal support, or whatever, then that is an asset of the bankruptcy estate. Whether or not a given asset is exempt depends on the laws of whatever State's exemption laws apply (usually the State where the case is filed, but not always).

Ask a Lawyer Archives:

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