Legal Question in Family Law in Maryland

I filed chapter 13 bankruptcy in June 2009. my ex wife is now taking me back to court for more child support because i am trying to get joint custody. Will my bankruptcy have any impact on the child support?


Asked on 1/05/10, 5:14 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You can't avoid child support by filing for bankruptcy. In fact, theoretically since you are reducing your debt under a wage earner plan, you should have more funds available for support. Your child support obligation is based upon your gross income, your ex's income, and whether the actual residential custody is sole or shared. If each of you has overnights at least 35% of the time, it's consider shared custody, and the parent who is paying support pays less than if the custody is sole.

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Answered on 1/12/10, 8:56 am


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