Chapter 7. Will Ca's 703.140(b)(10(D) protect the 15k my ex owes in back child support or do I have to use the wildcard for that

Asked over 2 years ago - Riverside, CA

I was looking at the exemptions and do have enough room to use the wildcard. I am in the 703 exemptions. But then, I came across 703.140(b)10(d). Does that just protect payments or can that protect the 15k he owes from the past.

Please share your thoughts. Central district of California filing for chapter 7

Attorney answers (3)

  1. Kristin Rose Lamar

    Contributor Level 7

    4

    Lawyers agree

    Answered . Hi. The short answer to your question is going to be it depends. California Code of Civil Procedure 703.140(b)(10)(D) does not set a dollar limit on what you can exempt (save), but rather allows you to exempt amounts generally considered "reasonably necessary for support." (see the statute for full description). Generally speaking what is “reasonably necessary” is dependent upon your jurisdiction, the Trustee assigned to your case and your particular circumstances. The safest course of action may be to exempt out what you can with the wildcard exemption and then exempt out the remainder under 703.140(b)(10)(D). Feel free to contact my office if you have any further questions.

  2. Douglas Gist Farquhar

    Contributor Level 11

    4

    Lawyers agree

    Answered . I agree that the safest way is to use the wildcard exemption because it can be used on any type of property and is totally safe. The term "reasonably necessary" can always open you up to a dispute with the trustee.

    If you have enough wild card then use that first. You should speak to an attorney on this.

  3. Bradford Darrin Calvin

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I agree w/ the other attorneys that it is probably best to use the wildcard, unless you need to use it to protect other assets. That said, as a practical matter, if you did use (b)(10)(d) to protect the support your are owed unlikely that the trustee would challenge $15k. It also depends upon what trustee you have, of course.

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