I'm currently under chapter 13 protection and my ex wife just informed me that she is going to go back to court to try to get more child support money from me. I'm up to date on all child support. We have been divorced 9 years. She has never tried to get my child support raised till now. My daughter is 11 years old. She (my ex) said she just needs more money per month to help raise my daughter. I currently pay 600 per month, plus I cover my daughter under my health insurance plan, pay my daughters cell phone bill, soccer fees, doctor bills etc.etc. So my question is, can my child support get risen more when I'm under chapter 13 protection?
Yes. Simple as that. 11 USC 362(b)(2). She can proceed anytime w/o having to even ask bankruptcy court permission.
Also important is any new support arising DURING your ch 13 must be paid in full or you wont receive a discharge!
Since child support is income based it has little to do with debt. The basic answer is, yes, she can seek to increase your support obligation but that doesn't mean she will succeed.
In some states there are specific provisions to increase support when a child reaches a certain age. In Washington, that age is 12. The reason, of course, is that it is more expensive to raise a child 12 and older than one up to 12.
The long and short is that she is entitled to ask.
Alabama's child support is a formula where numbers of each of your income are plugged in and then the formula spells out how much support each parent should pay. You do get credit for the insurance you are paying too. If your income hasn't changed since the support amount was calculated, it shouldn't change hopefully.
Bankruptcy law treats obligations of support much better than any other kind of debt. One of the ways in which support obligations are treated better is in allowing such obligations to be raised even while you are under ch 13 bankruptcy protection. Talk to your ch 13 lawyer about this. If the child support is raised, it may be possible to modify your ch 13 plan to lower your ch 13 payment.
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