It sounds like you need a chapter 7.

Answer Applies to: Michigan
Replied: 10/14/2011

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Yes. Child support is considered regular income so if you can afford the plan payment you can file.

Answer Applies to: Arizona
Replied: 10/7/2011

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Yes as long as you can convincde the court that the support income is enough to make the payments and that it will continue long enough for your to complete the plan. (usually 3 to 5 years).

Answer Applies to: California
Replied: 10/6/2011

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As long as you have enough money to fund a plan (make monthly payments towards the debt) you can file a chapter 13. It doesn't matter what the source of your income is. All debts are included in either Chapter 7 or 13 but there is a broader discharge in Chapter 13. In Chapter 13, only family support, restitution, student loans, old taxes for which no return was filed, drunk driving judgments and debts incurred by fraud or intentional wrongdoing are non dischargeable. However, the Chapter 13 plan must provide for payment in full of priority taxes and past due support. In Chapter 7 recent taxes, family support, debts to spouse arising from divorce, student loans, drunk driving judgments, criminal fines or restitution, and debts incurred by fraud or intentional wrongdoing are non dischargeable. I would recommend seeing a knowledgeable local attorney for a consultation to see which chapter is the better fit for you.

Answer Applies to: California
Replied: 10/5/2011

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You can if you can afford it. There has to be a plan payment in Ch13.

Answer Applies to: California
Replied: 10/5/2011

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If your income is sufficient to fund a chapter 13 plan, you shouldn't run into any problems. It sounds like you may want to hire a bankruptcy attorney to help you with this matter.

Answer Applies to: California
Replied: 10/5/2011

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Unfortunately, it would not be possible for me to answer your question based only on the information you've given. But, you may want to back up a bit. First, you should consider whether Chapter 7 is a better fit for you. I'd be happy to complete a free phone consultation with you to discuss your various options and get more information to answer your original question.

Answer Applies to: Maryland
Replied: 10/5/2011

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I would have to say yes, the source of income is not particularly important, it is the existence of a steady source of income that is.

Answer Applies to: Oregon
Replied: 10/5/2011

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In Colorado, Chapter 13 bankruptcy can be filed with only child support income.

Answer Applies to: Colorado
Replied: 10/5/2011

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Your question does not say you have to file a Ch 13. If you are eligible for Ch 7 i would be a better alternative. If you are required to file a Ch 13 you must have an income. Child support might do it. You need to talk to an experienced Ch 13 attorney.

Answer Applies to: Colorado
Replied: 10/5/2011

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In theory, yes. To file under chapter 13, you need only be an individual with regular income owing secured debts under $1,081,400 and unsecured debts under $360,475. "Regular income" means income that is stable and regular enough to make the payments under a chapter 13 plan. But, whether a chapter 13 plan will cover more debts for you than a chapter 7 is problematic, and something you should work through carefully with your attorney.

Answer Applies to: Maryland
Replied: 10/5/2011

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A Chapter 13 bankruptcy allows you to make monthly payments toward your debt over the course of three or five years. The payment amount, in most cases, will be significantly less than your current monthly payments toward those debts. However, given your limited income, you may find you qualify for a Chapter 7, which would discharge all of your debt aside from a few exceptions like student loans and some taxes. In contrast to a Chapter 13, a Chapter 7 case usually only lasts a few months. A bankruptcy attorney can assess your financial situation to determine which option is best for you.

Answer Applies to: Massachusetts
Replied: 10/5/2011

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Your bankruptcy attorney can advise you on whether Chapter 7 or Chapter 13 is right for you. You will not qualify for a Chapter 13 reorganization if you cannot afford to make payments into the repayment plan.

Answer Applies to: Massachusetts
Replied: 10/5/2011

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Yes, you can file a Chapter 13 Plan with only child support for income, if you are otherwise eligible. However, you will need to deonstrate that you can afford to pay at least something to your creditors. Good luck.

Answer Applies to: Ohio
Replied: 10/5/2011

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To be approved for a Chapter 13, you have to show enough income to pay your expenses. If your child support is enough to pay all of your living expenses, then you should. However, if you have no job and that is your only source of income, you should file a chapter 7 and not repay any of the debt.

Answer Applies to: New York
Replied: 10/5/2011

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Yes, your child support can be used as a income for the purposes of your ch 13, but is enough to make the payment and will you be entitled to it for as long as your plan lasts? Also is it very steady income?. You have to make that payment whether or not the payment from your ex comes in or not. Be careful and think it through very carefully. Good luck!

Answer Applies to: Michigan
Replied: 10/5/2011

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You may be able to put together a workable plan with only child support income. You must have steady income for a Chapter 13 plan, but the source is not important. You should sit down with an experienced attorney and discuss what you are trying to accomplish. This will allow you to see if your income is sufficient to support a feasible Chapter 13 plan that addresses all of your debt issues.

Answer Applies to: Colorado
Replied: 10/5/2011

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It is possible if enough to provide for the living expenses and the plan payments. Income does not need to be from wages or business earnings. It can be from retirement, support payments, annuities, rent and other steady forms of income likely to continue for the period of the plan.

Answer Applies to: California
Replied: 10/5/2011

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To qualify for chapter 13 you must have regular income. Child support can be used for this purpose.

Answer Applies to: California
Replied: 10/5/2011

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Any regular income, including child support, can be used to fund a Chapter 13.

Answer Applies to: Georgia
Replied: 10/5/2011

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Keeping in mind that Chapter 13 is a repayment plan, even if those payments are miniscule, you have to show a surplus income, in other words, after living expenses are paid, is there anything left? If not, I think you're going to have a problem filing Chapter 13. Which begs the question, what is the reason you don't want to file a Chapter 7? Need more info to fully answer your question.

Answer Applies to: California
Replied: 10/5/2011

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You can file a Chapter 13. You're only required to have a regular source of income and child support will suffice.

Answer Applies to: California
Replied: 10/5/2011

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A Chapter 13 requires regular consistent income, and enough income to pay monthly expenses as well as an amount for a Chapter 13 plan payment. The income can be support, or any other source which is regular and consistent.

Answer Applies to: California
Replied: 10/5/2011

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If you can afford a chapter 13 payment on your child support you can file.

Answer Applies to: Michigan
Replied: 10/5/2011

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It depends on the amount of child support and whether it's enough to support yourself. If you're able to provide for your basic needs on just the child support, then yes, you could file Chapter 13.

Answer Applies to: Colorado
Replied: 10/5/2011

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It sounds like you may need a chapter 7. You can file a chapter 13 so long as your income covers your expenses AND an amount needed for a plan payment. The only way to figure that out is to talk to a lawyer.

Answer Applies to: California
Replied: 10/5/2011

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