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Tag Archives: child suppport
Child Support Income and Bankruptcy
Child support income in bankruptcy can raise some tricky issues. Â I recently posted a blog on social security and bankruptcy, and there are some related issues. Â A recent case may help debtors in chapter 13 not to have to use their child support income. Child support income is included in the chapter 7 means test (unlike social security). Â The child support income, together perhaps with other income, might show that the debtor is not eligible for chapter 7 (there is a presumption of abuse). Â However, in chapter 13, child support income is deducted from the total income. Â This could actually show that the chapter 13 means test would show that no payments are required in the chapter 13 though the chapter 7 means test would require a chapter 13. Bankruptcy attorneys must evaluate not only the means test income, but what I call the “real budget” as reflected on Schedule…
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