Will child support be included in filing bankruptcy? 34 Answers as of November 09, 2011

Child support is not dischargeable in a chapter 7 but can be paid over time in a chapter 13.

In general, bankruptcy does not affect or modify an obligation to pay child. The parent making the payments usually has to go to a family court Judge and file an application to modify or terminate child support. If you had a significant drop in income as a result of the disability (and I presume you did) then that and the child's age could be valid grounds for a successful motion to modify or terminate child support. Also, if you are going to do it, you should file the motion as soon as possible since even if the motion is successful it will usually not be retroactive or assist you in wiping out child support arrears and those arrears cannot usually be wiped out in bankruptcy court.

Child support is not dischargable in bankruptcy.

Unfortunately your support arrears cannot be discharged in bankruptcy.

Child support must be disclosed in the bankruptcy but it is not discharged.

No, child support is never discharged and is a debt you continue to pay regardless of the child's age.

Your child support obligation is not dischargeable in bankruptcy, meaning you will be required to continue to pay any court ordered child support payments even if you file bankruptcy. Any past due arrears of child support also will remain untouched by the bankruptcy. If you receive child support payments, you will need to include them in your income for purposes of calculating the means test to determine your qualification for a Chapter 7 bankruptcy. Typically child support obligations terminate when your child reaches age 18, unless the child is disabled. If your court ordered child support obligation terminated and you are just supporting your 27 year old child, that will not count in your bankruptcy, unless the child is disabled and requires your support.

Child support is not dischargeable in bankruptcy.

Yes. If you are filing for Chapter 7 Bankruptcy, when calculating your income and eligibility under the "means test" you are required to pay under a court or administrative agency order, such as spousal or child support payments. Do not include payments on arrearages, payments for child care, such as babysitting, day care, nursery, and preschool. Do not include other educational payments such as payments to care for a member of your household or immediate family because of the members age, illness, or disability and payments for your children's education. The maximum you can deduct is $137.50. Additionally, since you are disabled and have income from SSDI, you should know that in determining your eligibility you should include all income except the payments you receive under the Social Security Act (including Social Security Retirement, SSI, SSDI, TANF).

The answer is no. You can not discharge past due child support.