Does filing a Chapter 7 bankruptcy protect one from going to jail for child support? 18 Answers as of January 31, 2012

A Chapter 13 may stop your friend from going to jail. But if he has no income, then a Chapter 13 would not work for him because monthly payments to the trustee are required.

No. The automatic stay would not prevent the trial court from putting him in jail for contempt. If a Chapter 13 helped him catch up the payments, he would be in better shape with the judge.

Why not file a 7 and discharge all dischargeable debt? After a 7, he may be able to better afford the child support. He will certainly look better to potential employers after a 7. Then file a 13 and handle the child support in the 13, if needed. But first get a really experienced bankruptcy attorney. By the way, your friend should start paying child support as soon as his unemployment hits. He should do this especially if they accidentally are not deducting his child support already. Remember, he should pay something on his child support EVERY TIME he comes into money of any sort. Small payments may make the difference between jail time and time to search for a job. While on unemployment, he must document his job search by keeping copies of the cover letters that he sends out with his resume in a special file. He must get his resume out to at least two potential employers per week. And it should really be a lot more that. Save the cover letters in a separate electronic file. The reason for this is twofold. 1. It will cover him in case of an audit by Jobs and Family Services. 2. It will give him somethngs to show the Domestic Relations Judge as proof of his efforts to find work. ' Judges like to put guys that won't work in jail. After all, the unemployed have nothing else to do. On the other hand, a judge might be a little reluctant to jail a guy who can demonstrate that he is really trying to get a job. Do not dare to make excuses for not sending and saving your letters. Even if he is doing other things in your job search. He must have tangible proof if he is audited or if he is brought back to Domestic Relations Court. Good luck.

Bankruptcy will not stop a civil contempt action for unpaid child support.

The family law court has jurisdiction to determine whether a person will be jailed for child support arrrears. Filing of a bankruptcy has no effect on the family court's order. Paying for past due support in a chapter 13 might persuade a family court judge to not impose the penalty of jail.

Bankruptcy does not stay collection actions on child support. He needs to go back to state court to lower the amount he owes each month.

They don't put you in jail for not paying child support unless the judge finds that you can afford it but don't obey the order intentionally or you could afford it if you looked for work. Jail is to force you to comply and not to punish so no sense in putting a person in jail if impossible for the person to comply due to unemployment that you cannot be avoided. There is a criminal charge the District Attorney can file for intentional failure to support in the past but the person has the right to a jury trial, an appointed lawyer and all other rights of criminal defendants. Filing a Chapter 13 will stop the jailing by the family law judge to make a person comply (since the person is complying by paying under the protection of the bankruptcy court) but the person must pay the entire amount owed in support in a plan with a maximum five year term plus ongoing support payments. It does not sound like your friend can qualify for a Chapter 13 due to lack of income. Chapter 7 will do him no good regarding child support. If he was convicted of a criminal charge for failure to support then he might be on probation that requires him to keep current on support or have his probation violated and be sent to jail to serve the original sentence. Bankruptcy will also stop a violation of probation for nonpayment but only if he is in a Chapter 13 that requires payment of the child support arrears and ongoing support. In other words, there is no probation violation if payments are being made through a Chapter 13 Plan.

Child support obligations are not dischargeable in bankruptcy. Your friend should consult with a family law attorney about modification of the child support order.

A ch. 13 allows for child support arrears to be paid over time. We have found this to be a very good solution for folks in your friends situation. Of course, current support payments must be kept current.

Chapter 7 will not stop him from going to jail, but a chapter 13 will set up a payment plan which may. However, if he is unemployed and has no income, it is not likely that his chapter 13 will be approved.