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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.
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 you file chapter 13 on child support?
No. Child support is not discharged in bankruptcy.
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.
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.
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.
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.
After a chapter 7 bankruptcy can mortgages report late payments?
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.
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 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.
