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I have accumulated a lot of credit card debt. Can my spousal/child support be lowered?

Temecula, CA |

The amount of spousal/child support I pay every month has made things very difficult for me. I can barely afford my rent, car payments, insurance, gas to even pick up the kids and now even food. I have been living off of credit cards. If I provide all of my credit debt can my spousal/child support be lowered? I see the kids every other weekend and they live 3 hours away from where I live. I pick them up at ex house she picks them up at my house on Sundays. Ex refuses to work and due to the kids schooling I can't have more time with them then I would like. Any advice

Attorney Answers 3


Probably not. Child support is based on income, not expenses such as credit card debt. You may wish to consult local bankruptcy counsel if you are having financial difficulties. Good luck.

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Child support is based on income and possibly living expenses but not credit card debt and repayment. As said you might consult with a BK lawyer.

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It may be possible to lower the support because you can't maintain yourself on the amount of support, not because you have credit card debt.
But the best strategy may be to ask the court to make an employment efforts order, and then, after a time, if she doesn't find work, to ask the court to impute income to her and lower the support.

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