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Bankruptcy is covered under Federal law; you cannot include child support in the list of debtors. Therefore, the obligation to pay child support continues without interruption. If the wayward parent continues to not pay, then the other recourse to collect can include several options open to the State and Federal governments: garnishment of salaries and/or withholding income tax refunds, which is then redistributed to the custodial parent. See your attorney for details.
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∙ 14y ago
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∙ 17y agoNo. Section 523(a)(5) of the Bankruptcy Code prohibits debtors from receiving a discharge of spousal and child support obligations. If yuou are behind on payments, you can spread out the payments over time in a Chapter 13 bankruptcy. No, you cannot even touch child support, afraid you have to pay, pay, pay and pay.
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∙ 16y agoPlease check your local laws or with a local attorney, but back child support, like back taxes or most student loans (defaulted or not), cannot be written off even if the court grants your petition for bankruptcy as a matter of law and public policy. If you are behind on child support, I suggest you contact your attorney. If you are pro se (i.e., you do not have or cannot afford an attorney), you should contact the court that has jurisdiction over the matter, move to modify the support order based on changed circumstances. Be careful, however. If your financial affidavits are the same at the hearing (if granted) for modification as they were when the court made the initial order, it may find that your mere filing for bankruptcy does not change your financial obligation. There must be a showing of substantial changed circumstances to warrant a child support order modification.
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∙ 12y agoYou can file a chpt. 13 so that you can catch up and pay the arrears through the chpt. 13 payment plan. However, child support payments MUST be 100% PAID IN FULL. The only exception would be if the person OWED the child support AGREES to accept a different/lower amount.
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∙ 15y agoYes, and BK does not and will not duscharge child support.
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∙ 13y agoYou have to list child support arrears as a debt and you have to list child support payments in the budget. Child support arrears cannot be discharged, however.
Wiki User
∙ 12y agoNo - child support debts are not discharged in bankruptcy.
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∙ 14y agono
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How does bankruptcy effect child support in California?
Won't. Child support is exempt from discharge.
Can child support be included in a bankruptcy?
One a few type of financial obligation that cannot be discharged via bankruptcy is child support. If you have gone through a divorce or some type of divorce or separation settlement and you are required to pay child support or child maintenance by court order, the act of filing bankruptcy will not discharge this responsibility for you to continue paying it. Child support payments are exempt from any type of bankruptcy filing that the consumer might do, whether chapter 7 or chapter 13.
Can you file child support on bankruptcy?
No, child support arrears cannot be discharged in bankruptcy.
Can the obligated parent discharge child support arrearages in a bankruptcy once the child reaches the age of 18?
If what you mean is can back owed child support payments be discharged in bankruptcy: NO. Regardless of how old the child is now. on the other hand if you mean to be included in the repayment schedule for a chapter 13 then yes. Child support arrearages can sometimes be included in bankruptcy. This pertains to arrearages only and not to current support due. A bankruptcy petition cannot override a court order of support and if arrearages are allowed to be included in a 13 the arrearages must be paid in full, not a percentage thereof, as is possible with unsecured creditors.
How could you receive a discharge notice for child support if child support is not dischargeable?
Child support is not dischargeable in bankruptcy. It may be discharged for a number of other reasons: child deceased; child emancipated, etc.
What happens to spousal maintainance and child support if the person files for bankruptcy?
Spousal support and child support debts cannot be discharged in a bankruptcy, so the ex spouse must continue to keep making the payments. Failure to do so can lead to a dismissal of the bankruptcy case.
Can you include back child support payments in a chapter 7 bankruptcy?
No child and/or spousal support are not dischargeable in a chapter 7 BK. It is my understanding that child support, student loans, taxes owed, and things along that line cannot be included in a bankruptcy.
Does bankruptcy override child support?
NO - child support is not discharged in bankruptcy.
Will filing bankruptcy end child support garnishing of a Social Security Disability check?
No. As part of the Bradley Amendment (1986), child support payments won't be ended or reduced for any discretionary reason, including bankruptcy.
Can you file bankruptcy on the entrence of child support?
Child support is not discharged in bankruptcy.
How long can you collect on back child support in New Mexico?
Just about forever....the laws really make child support payments unavoidavle by time of bankruptcy, etc. Get 'em!
Can you file back child support in a bankruptcy in the state of Alabama?
Bankruptcy is a Federal process and has no effect on child support. Bankruptcy does not dismiss child support debts.
