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We have to live with family

Doorsy's picture

Dh and i are paying off ch13 and have very little money. Bm applied for and our child support was upped. We cant afford food now, we cant afford gas, we cant afford anything. So we have to move in with family till we get this paid off. Im over 40 yrs old and moving in with my elderly parents because dh spawned with satan and she is a greedy witch. Whatever. I hate them both. We got into this financial mess because of dh fighting bm in court.


twoviewpoints's picture

As to the CS, in Chapter 13 CS is treated as a priority debt, I am sure your lawyer explained this. Any arrears have to be paid through the debt plan and paid off in full... so if your normal CS went up per your developed debt plan, had DH fallen behind in his regular monthly CS payments? Even if your current CS order might have dropped due to hardship and change of circumstances, the arrears having to be paid in the debt plan under the debt plan's time frame may be what boosted what flows out to BM. 

I'm sorry to hear you're going through a rough spell. I'm sure it's hard to move in with your parents. Hard as it is though, you might want to remember how lucky you are that your parents agreed to allow your DH and you to move in and to help you get back on your feet. 

still learning's picture

"We?" Well that royally sucks that you got pulled into his financial drama with the ex.  Hopefully you've learned and are on the path to completely seperating finances and joint ownership of anything.  DH should go live with his own parents.  

Thumper's picture

PLEASE PLEASE do not burden your elderly mom and dad. OMG stop.

AND do not ask or expect them to babysit your kids either. THIS IS lame as hell.

Sorry I went thru a very difficult time but I never ever moved in with family. I sucked it up, ate food from Aldi on a shoe string budget. WORKED full time to boot. Even if you have to rent a single wide mobile home...get foodstamps and all the help GVT can give you--take it.

But for goodness NOT accept your parents offer and dont ask them.

IF Your house was blown away from a tornado that is one thing but this...OH HECK NO to this. Your husband must figure out a way and leave your mom and dad out of it.


--figureditout--'s picture

Have you thought about requesting a hardship or a modification through the BK courts? Perhaps they could convert to a Ch 7.  My DH and I did a Ch 7 two years ago due to CC debt, so I kind of know what you are going through.

The Chapter 13 Hardship Discharge

After confirmation of a plan, circumstances may arise that prevent the debtor from completing the plan. In such situations, the debtor may ask the court to grant a "hardship discharge." 11 U.S.C. § 1328(b). Generally, such a discharge is available only if: (1) the debtor's failure to complete plan payments is due to circumstances beyond the debtor's control and through no fault of the debtor; (2) creditors have received at least as much as they would have received in a chapter 7 liquidation case; and (3) modification of the plan is not possible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge. The hardship discharge is more limited than the discharge described above and does not apply to any debts that are nondischargeable in a chapter 7 case. 11 U.S.C. § 523.

ProbablyAlreadyInsane's picture

I don't have advice... But hang in there... We were house shopping and then BM defaulted on several things and got her car repossesed... She took EVERYTHING out in DH's name... So we're stuck living with his parents... And I know it bites... Especially when it's all due to your DH's ex...

DaniellaR's picture

Yikes....why in the world would you continue to hitch your wagon to this mess? Certainly you can find a much better partner.