Posted on June 4, 2009 at 1:34 am As much I want to be a responsible person and continue paying child support to a 2 year old boy that I suspect is not mine (I'm sorry I have to say that)--I just really don't think that I can afford that with my current financial situation. I am about to file bankruptcy and I am hoping that it would stop child support. Of course it is going to make my ex-wife mad, my other question is, what is the worst thing that could happen to me if I refuse to pay child support?

Posted on June 4, 2009 at 1:41 am Unfortunately for you Mister Ozymandias bankruptcy will only save you from many types of debt but not child support. Certain debts that are considered "priority debts" in the bankruptcy courts, survive bankruptcy -- and child support is first on that priority list. That means that even if you file bankruptcy, you would still owe your ex-wife and your 2-year old child financial support.

Posted on June 4, 2009 at 1:52 am What is your current financial situation? Maybe you are just panicking, it might help to know which debts to pay off first, running away won't solve anything.Have you been getting creditor calls or have received a foreclosure notice...

Posted on June 4, 2009 at 1:56 am You are still obliged by law to continue making child support payments even if you have filed for bankruptcy, because this is a federally-mandated provision. It is also considered an "essential debt," and failure to fulfill your child support may lead to serious consequences. The inability to make these payments is punishable by law, and if you're unable to make payments on this, you may be imprisoned. The good news is, you can actually apply for a reduction. Local courts can accept certain legal justifications such as:1. A significant drop in income due to unemployment2. Increased expenses in particular situations; they may be due to a medical condition that requires expensive maintenance and procedures, for example3. A decrease in the child's needs.HOpe that helps you :)

Posted on June 4, 2009 at 2:08 am Child support falls under "domestic support obligations" and indeed child support is first on the list, followed by alimony. I am not a lawyer, I just hear a lot about this from guy friends. Child support falls under obligations that one spouse owed to a spouse, former spouse, or child, and arose out of "a divorce or separation or in connection with a separation agreement, divorce decree, or other order of a court record, or a determination with State or territorial law by a government unit." (11 U.S.C. Section 523 (15)You won't wiggle your way out of it.

Posted on June 4, 2009 at 2:13 am Yes I have been getting creditor calls and have received a foreclosure notice. I am currently employed and I have decent pay, it's just not enough for all of my expenses.And thank you caffeinatrix but number 3 is highly unlikely, the kid is just 2 years old, his "needs" are just about to increase.

Posted on June 4, 2009 at 2:25 am Have you spoken with your creditors and lenders regarding your situation? Try to work out a deal or an agreement with them regarding payments. Perhaps should not be on the table yet. I wonder if you have consulted with a financial planner yet or a debt expert. You can try debt settlement first or credit counseling.Why don't you fill out that form and speak with debt settlement professionals to know more about how to handle your current financial situation. It is for free.You may also want to speak with your ex-wife regarding your child support arrangement. Don't wait until a child support agency or any government unit that is legally authorized to impose support obligations come after you--make your ex-wife an ally rather than an enemy.

Posted on June 8, 2009 at 10:26 pm I guess I am anticipating the child support cost when that kid grows up. Would anybody know if I can ask the court to modify the cost, at least?

Posted on June 8, 2009 at 10:38 pm You certainly could. You have to file a motion to modify child support. Most states require for you to fill out and file papers in court, you also would have to schedule a hearing, and present evidence to a judge. You might need a lawyer for all of those.

Posted on June 8, 2009 at 10:45 pm I'm sure you'd want to avoid any more complications, as issues involving the court would not only would increase the drama in your life...it would also cost so me more. Consider talking to your wife about modifying the child support cost first before you file anything because if you file and then she contests it...it would make you remember this suggestion and would regret not taking it. If you speak with her and if by some miracle she agrees to your proposal--you can do away with the other tedious legal proceedings and just pay a legal typing service to put the agreement into writing and then submit it to the court for approval.