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โˆ™ 2009-09-24 20:01:57
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Q: How are back child support payments made in a chapter 7 bankruptcy?
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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.


Can you file bankruptcy to discharge child support payments?

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.


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 chapter 13 on child support?

No. Child support is not discharged in bankruptcy.


Can child support payments be discharged in bankruptcy?

absolutely NOT!!


How do you get payment on child support if your ex spouse files chapter 7 bankruptcy?

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


Can my ex put his child support on his chapter 10 and not have to pay child support?

No, child support cannot be cleared in a bankruptcy.


Can you put child support in a bankruptcy?

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.


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.


If you are paying child support can you still file chapter 13 on your other debts?

Yes, but child support is not discharged in bankruptcy.


Where do you get the forms needed to file a claim to obtain your child support after the father placed it on his chapter 13 bankruptcy?

You don't need any forms - child support is not discharged in bankruptcy.


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 a state garnish wages on child support arrears if they are included in chapter 13?

Yes; child support is not affected by or 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 child support be included in a chapter 13 bankruptcy?

no see links below


Can you include alimony in Chapter 7 bankruptcy?

Alimony and child support is considered to be non-dischargeable.


Does bankruptcy override child support?

NO - child support is not discharged in bankruptcy.


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.


Can you file bankruptcy on the entrence of child support?

Child support is not discharged in bankruptcy.


Can you file bankruptcy against a divorce order in North Carolina?

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.


Can you file bankruptcy on child support?

No, child support arrears cannot be 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!


How do you pervent someone from filling bankruptcy on back child support?

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


Can child support paid to the custodial parent be garnished if they owe other debts?

No. Child support payments cannot be garnished.No. Child support payments cannot be garnished.No. Child support payments cannot be garnished.No. Child support payments cannot be garnished.


Can you file back child support in a bankruptcy in the state of Illinois?

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.