Can I include child support in my bankruptcy? 25 Answers as of September 03, 2014

And how can I start the proceedings when money low?

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Everything must be included in your bankruptcy filing. The bargain you make with the court is full disclosure of all your finances. This does not mean you are relieved of the responsibility to pay child support. No bankruptcy will discharge this debt. It is one of the enumerated exceptions.
Answer Applies to: California
Replied: 9/3/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
You have to list all of your debts in the bankruptcy petition. However, child support is exempt from discharge so you'd want to consider how/whether a bankruptcy will help you pay. Perhaps a chapter 7 can eliminate other debts that will help you focus on paying down the child support or in a restructuring type of bankruptcy (chapter 13) whether there is the possibility of creating a workable repayment plan. Discuss the details of your situation with a local bankruptcy attorney to help you figure out what may be appropriate.
Answer Applies to: California
Replied: 9/3/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
You must include every debt in your bankruptcy, and every debt means just that EVERY DEBT! But child support, even though included, is not eligible to be eliminated in bankruptcy. In terms of paying for a bankruptcy, many lawyers will accept monthly payments but the case will not be filed until the fees & costs are paid in full court rules require this. Many people get money from family or friends to pay for the costs, or pay from money they otherwise would be using to pay debts.
Answer Applies to: Nevada
Replied: 9/3/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Child support is not dischargeable. Contact the County hotline where you live and ask about free legal representation. You can also contact your local Bankruptcy Court for this information.
Answer Applies to: Colorado
Replied: 9/3/2014
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
They have to be listed as a debt. But, you cannot discharge them. Ever.
Answer Applies to: Missouri
Replied: 9/3/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    Child support is not dischargeable.
    Answer Applies to: Minnesota
    Replied: 9/2/2014
    Stephens Gourley & Bywater | David A. Stephens
    Child support is not dischargeable in bankruptcy.
    Answer Applies to: Nevada
    Replied: 9/2/2014
    Hayward, Parker, O'Leary & Pinsky, Esqs.
    Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
    Past due child support obligations are not dischargeable in bankruptcy, although the recipient must be listed as a creditor in Schedule E of your bankruptcy petition. In a Chapter 13 Plan the past due arrearages can be paid over the life of the Chapter 13 Plan (up to 60 months), although they have to be paid in full over said timeframe.
    Answer Applies to: New York
    Replied: 9/2/2014
    D.J. Rausa, Attorney at Law | D.J. Rausa
    Back child or spousal support are considered non dischargeable debts in a Chapter 7 case, and therefore, they would have to be paid. They can, however, be addressed in a Chapter 13 bankruptcy repayment plan. To get started with a bankruptcy proceeding, take advantage of an offered free consultation. Many attorneys offer a payment plan.
    Answer Applies to: California
    Replied: 9/2/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    Child support is not discharged in bankruptcy. If you are unable to pay in full many attorneys will set you up on payments but most will require all fees to be paid prior to filing.
    Answer Applies to: California
    Replied: 9/2/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    You absolutely cannot include child support in bankruptcy. It would go against public policy at the very least to even consider being able to discharge one's parental monetary responsibilities. As for filing when you do not have enough money to afford legal counsel, my advise would be to either save up for bankruptcy or if you have no money in the bank, wages or property, be comfortable being judgment proof. Please pay your child support.
    Answer Applies to: Connecticut
    Replied: 9/2/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Child support can't be discharged in bankruptcy. Most attorneys will accept payments over time.
    Answer Applies to: Ohio
    Replied: 9/2/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Child support is nit dischargeable. The forms are on the court web site if you want to try it yourself. Lawyers don't work for free, that is a bad business model.
    Answer Applies to: California
    Replied: 9/2/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    No, you cannot. But you could go to the child support court and get your payments lowered. You can file your own bankruptcy and perhaps get a fee waiver of the filing fee.
    Answer Applies to: California
    Replied: 9/2/2014
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    If your question is, can I discharge child support, the answer is no. Child support and most spousal support obligations are non-discargeable. If you cannot fulfill your support order obligations, your best course of action is to seek a modification from the Court.
    Answer Applies to: California
    Replied: 9/2/2014
    Idaho Bankruptcy Law | Paul Ross
    All debts must be included in bankruptcy, even child support. However, child support is one of those debts where an exception to discharge, forgiveness exists. The debt owed for child support does not go away in bankruptcy. If you file a Chapter 13, any arrearages must be caught up over the term of the plan.
    Answer Applies to: Idaho
    Replied: 9/2/2014
    Detroit Lawyers, PLLC
    Detroit Lawyers, PLLC | Nick Best
    You'll have to list your child support on your petition regardless of if you owe it or if you're owed child support. You won't be able to discharge the obligation, however. If you filing in the Eastern District of Michigan you can find out more about their filing at http://www.mieb.uscourts.gov/content/filing-without-attorney.
    Answer Applies to: Michigan
    Replied: 9/2/2014
    Dickson Law Group, LLC
    Dickson Law Group, LLC | John P. Dickson
    Section 523(a)(5) of the Bankruptcy Code specifically excludes Domestic Support Obligations (which include child support) from discharge in bankruptcy. If you are having difficulty keeping up with your child support payments, you should speak with a divorce attorney about the possibility of modifying your child support obligation. It is important that you do this sooner rather than later because modifications to the child support order are not retroactive.
    Answer Applies to: Illinois
    Replied: 9/2/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    No but you can do a 13 to catch up.
    Answer Applies to: Florida
    Replied: 9/2/2014
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Child support is not dischargeable in bankruptcy. You should contact an experienced bankruptcy attorney and schedule a consultation - some bankruptcy attorneys allow installment payments.
    Answer Applies to: Georgia
    Replied: 9/2/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Child support, spousal support and marital obligation fro divorce judgments are generally NOT DISCHARGABLE. See an attorney before you compound your problems!
    Answer Applies to: Michigan
    Replied: 9/2/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Child Support is nondischargable and if you are behind, it must be paid in full before the bankruptcy can be completed.
    Answer Applies to: Michigan
    Replied: 9/2/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    You can file the chapter 13 and pay the debt over time typically.
    Answer Applies to: South Carolina
    Replied: 9/2/2014
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