Will an active personal bankruptcy postpone a child support rears overdue court determination? 6 Answers as of November 30, 2015

I will be going to court to answer for overdue child support, but was laid off and unemployed for 2 years and may be filing for Bankruptcy. Do you think the judge will postpone my court hearing, and possibly not give me 90 days in jail for failure to pay.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
A Fresh Start
A Fresh Start | Dorothy G Bunce
Anything is possible, but technically, a Chapter 7 bankruptcy will do nothing to help you solve your child support problem. A Chapter 13 is much more likely to be successful at solving this particular problem, but without personal legal advice from an experienced bankruptcy attorney, you may just shoot yourself in the foot.
Answer Applies to: Nevada
Replied: 11/30/2015
Ronald K. Nims LLC | Ronald K. Nims
The judge probably won't delay your hearing and jailed be use bankruptcy doesn't apply to child support. Some judges will delay it until they get approval to proceed from the bankruptcy court.
Answer Applies to: Ohio
Replied: 11/30/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The bankruptcy will not help you. I don't know what the family law judge will do. You need to file a motion to modify the child support ASAP. This is the most common mistake made. As soon as your income goes down FILE A MOTION to modify! You are so screwed if you don't.
Answer Applies to: California
Replied: 11/30/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Many courts will insist you pay your child support payments regardless of your BR. And besides, it's got to be the right thing to do.
Answer Applies to: Wisconsin
Replied: 11/30/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Sorry, child support obligations are not avoidable in bankruptcy. I would suggest you hire an attorney.
Answer Applies to: Michigan
Replied: 11/30/2015
Click to View More Answers: