Legal Question in Bankruptcy in Texas

Can child support be reduce if your under bankruptcy

Asked on 8/26/11, 8:57 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

The filing of a bankruptcy petition is not (in and of itself) grounds for a reduction in child support.

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Answered on 8/26/11, 6:52 pm

Keith Engelke Law Office of S. Keith Engelke

Child support is determined by taking a fixed percentage of your net resources. This is usually your salary. If your salary changes, your net resources change. You can file a motion to modify your child support obligation by showing the court that your net resources have changed.

A filed bankruptcy petition is evidence that could support that contention. Before filing the motion to modify, discuss it with your bankruptcy attorney. It may be necessary to file a motion to lift the automatic stay to permit the filing of the motion to modify.

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Answered on 8/27/11, 7:51 pm

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