Everyone deals with financial stress at one point or another during his or her life. Sometimes that financial stress is caused at least in part by money owed for child support.
And because bankruptcy is often the best option for many people who find themselves struggling with serious debt problems, it is important to understand how child support obligations are affected by bankruptcy.
Whether you owe child support, or are owed child support, you should be aware that filing bankruptcy does not discharge (forgive, cancel, wipe out) amounts owed for either current or back child support.
If you’re a parent receiving child support and the other parent files bankruptcy, the good news is child support is not dischargeable in bankruptcy.
If you’re a parent who owes child support and you file bankruptcy, you are still responsible for your child support.
Current and back child support, no matter how big or small, is not eligible for discharge in bankruptcy – ever.
If you’re a parent who is having trouble keeping up with your child support payments because of all of your other bills, filing bankruptcy could very well help you. You see, by filing for bankruptcy, you may be able to get rid of a lot of your other debts (if you file Chapter 7 bankruptcy) or at least lower the amounts you have to pay back (if you file for Chapter 13 bankruptcy), thereby freeing up money that you can put toward your child support.
And if you are behind in child support payments, you can get current by paying the amount you are behind over a 3 to 5 year period in a Chapter 13 bankruptcy.
If you’re struggling with child support payments and would like to know more about how bankruptcy may be able to help you, contact me today to schedule a FREE initial consultation. Just fill out the Contact Dan form on the far right side of the page and click the Submit button and I’ll get back with you as quickly as I can. I would count it a privilege to be able to visit with you in a relaxed and confidential environment where I’ll answer all of your questions in plain English and give you the straight scoop on the pros and cons of bankruptcy as related to your specific situation.
