Chapter 7 and child support in north carolina

UPDATED: Jun 6, 2009

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Chapter 7 and child support in north carolina

My ex husband filed chp. 13 and it was just converted to chp. 7. He has filed a motion to decrease his already decreased child support. He is $1,266,000 in debt and claims to have only made $36,000 a year. How do you get over 1,000,000 in loans/debt with only $36,000 yearly income? I know he works under the table, out of state and owns two insurance companies. He did file for a release as agent to the companies this week almost two months after the initial filing. I work and pay everything with the help of his $800 obligation. How can i stop the decrease? Thank you

Asked on June 6, 2009 under Bankruptcy Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you can offer some proof of his under reporting his income, you can notify his bankruptcy trustee.  If your evidence holds up it could result in his Chapter 7 being thrown out of court.  Additionally it may result in fines and other penalties.  Also you could report him to the IRS.  Finally, under reporting income is also actionable in North Carolina under existing child support laws.

Basically, you could land your ex in a world of hurt.  However, all of this may not get you the money that you need.  Possibly "suggesting" that you will take these actions will spur him to do the right thing; but it might also tip him off on how to better hide his tracks.

What you need to do here is to consult with a family law attorney in your area.  They will best know how to legally maximize your strategy in dealing with all of this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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