What happens to child support payments after filing for bankruptcy? 26 Answers as of June 29, 2013

I am making child support payments as of the moment. Will I still need to pay this off even after bankruptcy?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Yes, you will still need to pay Child Support. Contact a local attorney for specifics.
Answer Applies to: Washington
Replied: 7/2/2012
Burton Green, Attorney | Burton Green
Child support payments are not discharged in bankruptcy under chapter 7 or chapter 13. These obligations remain enforceable after bankruptcy and you will still remain obligated to pay them. No exceptions.
Answer Applies to: Florida
Replied: 6/28/2012
Evan Guthrie Law Firm
Evan Guthrie Law Firm | Evan Guthrie
Child support is never discharged in bankruptcy. the best interest of the child is paramount in South Carolina.
Answer Applies to: South Carolina
Replied: 6/28/2012
The Law Offices of Katie M. Stone
The Law Offices of Katie M. Stone | Katie M. Stone
Yes, you will still be responsible for child support payments after a bankruptcy.
Answer Applies to: Florida
Replied: 6/28/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Bankruptcy does not affect your duty to pay child support, spousal support or alimony, or family support.
Answer Applies to: California
Replied: 6/28/2012
    Bodow Law Firm PLLC | Ted Araujo
    Nothing. Bankruptcy does not change the child support payments and the arrears are not discharged.
    Answer Applies to: New York
    Replied: 6/28/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, bankruptcy does not stop the requirement of paying child support.
    Answer Applies to: New York
    Replied: 6/27/2012
    Olson Law Firm | Edward M Olson
    You will still owe child support. There is no discharge for child support. Keep making the payments.
    Answer Applies to: Michigan
    Replied: 6/27/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes Support payments are not dischargable in bankruptcy.
    Answer Applies to: Florida
    Replied: 6/29/2013
    Attorney At Law | Harry D. Roth
    You betcha you will. And you won't have any other debts to use as a reason why you can't pay.
    Answer Applies to: California
    Replied: 6/22/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    Child support payments are not dischargeable in bankruptcy. However, if you get rid of other debts you will be able to pay the child support. Your children need to eat and live in a house- that is your most important responsibility.
    Answer Applies to: Rhode Island
    Replied: 6/27/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, child support is not dischargeable in bankruptcy. If you owe back child support then you can go into a Chapter 13 case and pay the arrears over up to 5 years. Only child support owed to the government for benefits received by the child in some cases may be dischargeable in a Chapter 13 case and this is allowed in limited situations depending on your ability to pay and you must pay what you can afford according to your income. Child support is never dischargeable in Chapter 7.
    Answer Applies to: California
    Replied: 6/27/2012
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Yes. Child support is not diachargeable.
    Answer Applies to: Washington
    Replied: 6/29/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Child support is one of the debts that you cannot get rid of in bankruptcy. You must keep your child support current or face contempt of court and possible jail. You will need to pay it after filing bankruptcy, as it will not be discharged. You can read about chapter 7 in a pamphlet I have written which is available for download at my website.
    Answer Applies to: Florida
    Replied: 6/27/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    The bankruptcy laws require that alimony and child support be paid. Property settlement treatment differs whether you file a chapter 7 or chapter 13. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 6/27/2012
    Alvin Lundgren | Alvin Lundgren
    Nothing. Child support and alimony must be paid regardless of bankruptcy.
    Answer Applies to: Utah
    Replied: 6/27/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    You must continue to make child support payments. Child support is non-dischargeable. If your circumstances have changed and you no longer make the same level of income, then you need to go back to the State Court in which the original Child support order was entered in order to get it reduced. Also, if you file Chapter 7 liquidation bankruptcy, support really won't be much of an issue. If you file Chapter 13 reorganization plan however, the Court will require you to certify that all support payments that came due during the case were made.
    Answer Applies to: Arkansas
    Replied: 6/27/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, that is not a dischageable debt.
    Answer Applies to: California
    Replied: 6/27/2012
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    You remain 100% liable on child support and past due child support. In chapter 13 cases, failure to pay all post-filing domestic support obligations can result in your failing to receive a Discharge Order from the Court (A form B-283 must be filed at the end of the case wherein a Certification of the Debtor is given stating, subject to penalty of perjury, that all domestic support obligations (child support and spousal support) have been paid as the obligations came due after the filing of the case.
    Answer Applies to: Ohio
    Replied: 6/27/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, child support is not dischargeable through bankruptcy.
    Answer Applies to: California
    Replied: 6/27/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes. A bankruptcy does not discharge child support payments so you still need to make child support payments after a bankruptcy.
    Answer Applies to: California
    Replied: 6/27/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Child support payments are not dischargeable in bankruptcy, thus you will remain liable for the debt.
    Answer Applies to: Texas
    Replied: 6/27/2012
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    Child support payments are non-dischargeable debts. You will have to repay these debts in full. If you are behind on payments you may restructure those arrears through a Chapter 13 plan but once the case is filed you will have to resume making your normal monthly payments as well as your trustee payment to repay the arrearage.
    Answer Applies to: Georgia
    Replied: 6/27/2012
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    Yes, child support is non-dischargeable in all Chapters of bankruptcy. However, if you are delinquent on your child support obligation you can pay the arrears over 60 months in a Chapter 13 plan.
    Answer Applies to: Georgia
    Replied: 6/27/2012
    The Law Office of Nathan D. Borris, Esq.
    The Law Office of Nathan D. Borris, Esq. | Nathan D. Borris
    Child support obligations, both arrears and payment obligations going forward, are non-dischargeable pursuant to 11 USC 523(a)(5) in bankruptcy. Thus, the obligation will remain even after a discharge.
    Answer Applies to: California
    Replied: 6/27/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Bankruptcy does stop the obligation to continue to pay child support and any past due child support obligations cannot be discharged in bankruptcy and must be paid in full.
    Answer Applies to: California
    Replied: 6/27/2012
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