Child Support
Bankruptcy Law
Liens
Civil Process

Can you include back child support payments in a chapter 7 bankruptcy?

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2005-11-01 19:27:45
2005-11-01 19:27:45

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.

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No. 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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Alimony and child support is considered to be non-dischargeable.

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Yes, bankruptcy does not effect spousal support or child support.

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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.

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No. Child support is not discharged in bankruptcy.

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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.

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Yes, but child support is not discharged in bankruptcy.

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You 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.

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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.

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Yes; child support is not affected by or discharged in bankruptcy.

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Yes, late payments on mortgages can be reported. The chapter 7 discharges all unsecured debts, except for student loans, child support and certain taxes, and any balance due on secured debt after the collateral has been surrendered and sold. If you reaffirmed the mortgage and failed to make payments during or after the chapter 7, that can be reported. Late payments can also be reported. Many states prevent penalties for late payments if the payment is made within a certain number of days, but they can still be reported as late if not made on or before the due date.

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No. As part of the Bradley Amendment (1986), child support payments won't be ended or reduced for any discretionary reason, including bankruptcy.

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This depends on what type of bankruptcy you are filing for. Chapter 7 bankruptcy is basically liquidation - all of the debtor's assets (besides those which are exempt) are sold to pay off his or her debts so you need to include everything. That being said, not everything will necessarily be discharged (i.e. child support and educational debt etc will remain with you after bankruptcy is completed).

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NO - child support is not discharged in bankruptcy.

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Just about forever....the laws really make child support payments unavoidavle by time of bankruptcy, etc. Get 'em!

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Whether you can eliminate a debt that resulted from a divorce decree will depend on the type of debt. If you owe child support or alimony from a divorce then you will not be able to eliminate the debt in bankruptcy. If the divorce assigned some debt to you as part of the divorce and it was not assigned as child support or alimony then you may be able to eliminate the debt in a Chapter 13 bankruptcy. Chapter 13 bankruptcy allows you to eliminate debt assigned to you that is in the nature of a property settlement and not child support or alimony.

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When you file for bankruptcy, you are required to list ALL debts you owe. However, child support or alimony (called Domestic Support) are NOT discharged in a bankruptcy. In a Chapter 7 - this debt survives your discharge. In a 13 - you probably can pay back the arrears over time, but you have to make the required monthly payment to the Child support agency for current support AND the trustee payment for the back support. I would seek the advice of an attorney that specializes in Bankruptcy to see if this is an option for you.

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It depends on the type of contract. Bankruptcy does not allow someone to skip child support or separate maintenance payments, but other contracts, such as revolving debt accounts are terminated. Be more specific.

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Child support is not discharged in bankruptcy.

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Bankruptcy is a Federal process and has no effect on child support. Bankruptcy does not dismiss child support debts.

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No, child support arrears cannot be discharged in bankruptcy.


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