Can Child Support Be Discharged In Bankruptcy?
The end result to filing bankruptcy is that the debts you owe are no longer considered due. This is helpful because it frees up disposable income each month, which can allow you to meet your other obligations like house and car payments. But there are some types of financial obligations that you cannot get rid of by filing bankruptcy, and if you are considering filing for relief it is important to know what you can and cannot discharge during your case.
One of the most common types of debt that is generally not dischargeable in bankruptcy is student loan debt, although there are a few limited exceptions to this general rule. Another form of debt people often wonder about is child support, and the question is frequently asked if child support still has to be paid if you file bankruptcy. The answer is yes, and here’s why:
- Certain types of debt are given priority in bankruptcy, and child support is one of those types of debt.
- The payments for support are in place to provide for your children, and escaping that responsibility is not what the bankruptcy laws were designed to accomplish.
- Past due payments are also thrown into the mix of what debts make up priority debts, so you cannot file bankruptcy to eliminate any past due payments that you have missed.
Another thing to remember is that filing for bankruptcy will not stop any action to enforce payment of child support. This is unique because filing bankruptcy does stop other collection efforts for other types of debt, but child support does not fall into this category. That said, you might be able to get back on track with child support payments by filing bankruptcy. This is because there will be other debts, such as high interest rate credit card debt, that you will not have to pay when you file bankruptcy. This can mean more money in your pocket at the end of the day to put towards your support obligation. If you are having difficulty making ends meet, call us for help. We will look at your total financial picture and let you know what you can do to get out from burdensome debt. Doing so will improve your overall financial health and give you a fresh start with your budget.
For more information about child support and bankruptcy, contact us at www.DsouzaLegalGroup.com. We will help by coming up with solutions that work for you.