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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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โˆ™ 2006-11-19 15:26:23
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Q: Can you file bankruptcy to discharge child support payments?
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Related Questions

How does bankruptcy effect child support in California?

Won't. Child support is exempt from discharge.


Can child support payments be discharged in bankruptcy?

absolutely NOT!!


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 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.


How are back child support payments made in a chapter 7 bankruptcy?

Unaffected and not covered.


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.


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.


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.


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 file bankruptcy on the entrence of child support?

Child support is not discharged in bankruptcy.


Do you need to file any paperwork in court if ex-husband files bankruptcy and he owes child support?

onley if you think the bankruptcy is really serious!!!!!!! Child support is not allowable as a discharge in a Bankruptcy. He still has to pay it and the past due amount as ordered.


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.


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 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 child support?

No, child support arrears cannot be discharged in bankruptcy.


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.


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 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.


Can you file child support on bankruptcy?

No. The specifically does not allow BK to discharge your obligation to your kids. You actually want to go bankrupt on your kids?


When filing bankruptcy can past child support be included?

No. Child support is not dischargeable in either federal or state bankruptcy.


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.


How can you keep from going to jail if you are behind on child support payments?

Catch up on your child support payments.


Can ssd pick up child support payments?

Child support can be garnished from RSDI payments (but not SSI).


If you are bankrupt do you still have to pay child support?

Child support is not discharged in bankruptcy.