Does Bankruptcy Affect Child Support? Lets Find out The Truth

When facing financial hardships that result in bankruptcy, it’s crucial to recognize that certain obligations, such as child support, remain unaffected.

Despite seeking a fresh start through bankruptcy, responsibilities towards child support persist without interruption.

An infographic explaining if Bankruptcy can Affect Child Support

Child support debt in bankruptcy

Child support debt is treated with high priority in bankruptcy proceedings. Here’s a summary of how it’s handled:

  • Chapter 13 Bankruptcy: Child support debt cannot be discharged. It is considered a priority debt and must be paid in full through the repayment plan, which can last from three to five years.
  • Chapter 7 Bankruptcy: There is an automatic stay that prevents claims against you, but it does not stop actions to establish or collect child support. Income earned after filing for bankruptcy can be used to pay child support arrearages.
  • Priority Debt: In both Chapter 7 and Chapter 13 bankruptcies, child support is recognized as a priority debt, emphasizing the importance of providing for minor children.

These points highlight the legal stance that child support obligations are not relieved by declaring bankruptcy.

Modify child support after bankruptcy

Modifying child support after filing for bankruptcy is possible, but it’s important to note that bankruptcy itself does not automatically change child support obligations.

  • Filing a Motion: If you’re in a difficult financial position after bankruptcy, you can file a motion with the court to modify your child support payments.
  • Providing Evidence: You will need to provide evidence of your changed financial circumstances to support the request for modification.
  • Court’s Decision: The court will review your motion and may decide to reduce your monthly payments if it finds that there has been a significant change in your financial situation.

Remember, child support is considered a priority debt, and bankruptcy does not discharge it.

Any modification would be separate from the bankruptcy proceedings and would require court approval.

Can bankruptcy stop child support enforcement?

Collect child support after bankruptcy

Non-dischargeable debt

Non-dischargeable debt encompasses financial obligations that cannot be wiped out through bankruptcy.

These debts, rooted in public policy, include:

  1. Student loans: Generally immune to discharge, except in cases of undue hardship.
  2. Tax obligations: Owed to federal, state, and local tax authorities.
  3. Family support: Child support and alimony payments fall into this category.
  4. Fraudulent debts: Incurred through fraudulent activities or false representations.
  5. Personal injury liabilities: Arise from incidents like intoxicated driving.

Even after bankruptcy proceedings conclude, these debts remain the debtor’s responsibility.

Child support arrearages

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