Will filing for bankruptcy protect me against back child support? 26 Answers as of December 28, 2011
I had a job when I was initially assigned a certain amount of child support. Since I have been let go, I have found it to be extremely difficult to keep up with payments. I would like to modify the agreement if I can and file for bankruptcy. I was wondering if I do file, will this give me any time to make up for the back child support I owe?Free Case Evaluation by a Local Lawyer!
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Heupel Law | Kevin Heupel
You can file bankruptcy to repay the missed child support payments, but it will not eliminate nor lower the amount of the child support debt. To do that, you'll need to petition the divorce court.
Answer Applies to: Colorado
Replied: 12/28/2011
Law Office of Susan G. Taylor | Susan G. Taylor
No, it will not affect priority debts such as child support.
Answer Applies to: Texas
Replied: 12/27/2011
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Bankruptcy will do nothing to your child support order. You MUST file a modification in state court to do that. Modification is NOT retroactive, so get the motion filed now. It will only be retroactive back to the date you filed the motion.
Answer Applies to: California
Replied: 12/19/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Bankruptcy does NOT discharge child support obligations.
Answer Applies to: Indiana
Replied: 12/19/2011
The Law Offices of Kristy Qiu | Mengjun Qiu
For back payments yes, you can pay back in a chapter 13 plan, but you will have to be current afterwards. Chapter 7 won't help you. You should file a motion to reduce your child support payments in family court, bankruptcy won't help reduce the monthly payment.
Answer Applies to: Florida
Replied: 12/19/2011
The Northwest Debt Relief Law Firm | Thomas A McAvity
A chapter 13 bankruptcy may allow you to do exactly that.
Answer Applies to: Oregon
Replied: 12/16/2011
Diefer Law Group, P.C. | Abel Fernandez
No, you need to file a child support modification. A bankruptcy will not help you at all against child support. It does not discharge amounts owed nor does it stop the collection of monthly payments. Child support is exempt from the Stay in a bankruptcy case. This would not be a good option for you.
Answer Applies to: California
Replied: 12/16/2011
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
While bankruptcy offers relief from most kinds of obligations, there are exceptions. One such exception is *debts relating to divorce and child support*, which must be paid in full. While filing bankruptcy will not discharge your child support obligations or reduce your payments going forward, it will delay the collection of payments for a short period of time (usually no more than 30 days). What you really need to do however is bring a *Motion to Reduce Child Support *before the Circuit Court in which your divorce case is pending. The requirements for such a motion to succeed include a substantial change in circumstance: your bankruptcy might be a good indicator of such a change. To find out more contact a qualified Attorney in your area with both Bankruptcy and Divorce experience. My office can be of assistance, so feel free to contact us to learn more.
Answer Applies to: Illinois
Replied: 12/16/2011
AyerHoffman, LLP | David C. Ayer
Bankruptcy does not discharge or modify child support obligations or arrearage. Only an order from the family court judge can modify the obligation. The arrearage can be put on a payment plan.
Answer Applies to: Massachusetts
Replied: 12/16/2011
The Law Office of Darren Aronow, PC | Darren Aronow
It buys you a little time but the debt is not dischargeable.
Answer Applies to: New York
Replied: 12/16/2011
Sanders Law, P.A. | Andre Keith Sanders
You could file chapter 13 bankruptcy and propose a repayment plan to pay all the back child support. You cannot generally reduce or eliminate any amounts owed for child support in bankruptcy.
Answer Applies to: Florida
Replied: 12/16/2011
Steven Harrell, Attorney at Law | Waymon Steven Harrell
You will need to go into the Superior Court and file a modification action to lower your monthly child support payments. You will then need to file a Chapter 13 petition to pay down the child support arrearages you have piled up.
Answer Applies to: Georgia
Replied: 12/16/2011
Moore Taylor & Thomas PA | Jane Downey
Filing ch 13 will help but you need regular income.
Answer Applies to: South Carolina
Replied: 12/16/2011
Law Offices of Michael B. Fisher | Michael Fisher
In a Chapter 13 case you will have the opportunity to get current on your back child support payments over a 3-5 year period.
Answer Applies to: New Hampshire
Replied: 12/16/2011
Law Office of Michael Johnson | Michael Johnson
Yes you will pay it over the next five years. You should consult with an attorney in regards to Child support.
Answer Applies to: Florida
Replied: 12/16/2011
The Schreiber Law Firm | Jeffrey D. Schreiber
Back child support is not dischargeable in bankruptcy and future amounts due have to be paid. Bankruptcy court cannot modify any child support amount due. Child support matters can only be modified in family law court.
Answer Applies to: California
Replied: 12/16/2011
Law Offices of Joseph A. Mannis | Todd Mannis
Bankruptcy will not change anything with regard to child support. Sorry to be the bearer of bad news.
Answer Applies to: California
Replied: 12/16/2011
Carballo Law Offices | Tony E. Carballo
You would need to file under Chapter 13 and pay all back child support (it is not dischargeable in bankruptcy unless it is being paid to the State or a County for a support obligation owed to the State or a County and not to the child or the child's other parent and you pay all you are able to pay in a Chapter 13 plan - see a lawyer if this exception might apply). You need to go back to family court urgently to have the support order modified based on what you earn. Otherwise, it will just continue to grow and you will never be able to pay the amount owed for back child support in a Chapter 13 case. Back child support must be paid in full during the term of the Chapter 13 Plan or you cannot get the Plan approved by the Court.
Answer Applies to: California
Replied: 12/16/2011
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Child support cannot be extinguished by Bankruptcy. A modification would be better.
Answer Applies to: Georgia
Replied: 12/15/2011
Weber Law Firm, P.C. | William Weber
Yes. A chapter 13 bankruptcy plan will permit you to repay unpaid arrearages owed ion a child support obligation over a 36 to 60 month time period. However, a bankruptcy filing will not permit you to avoid or re-negotiate a state court child support order.
Answer Applies to: Texas
Replied: 12/15/2011
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A child support order remains unchanged after filing bankruptcy.
Answer Applies to: California
Replied: 12/15/2011
Bird & VanDyke, Inc. | David VanDyke
Child support is not dischargeable in bankruptcy.
Answer Applies to: California
Replied: 12/15/2011
Ashman Law Office | Glen Edward Ashman
You cannot get out of child support in bankruptcy. Chapter 13 can give you extra time to repay but with no income you can't do a 13.
Answer Applies to: Georgia
Replied: 12/15/2011
The Stockman Law Office | Mary Stockman Esq.
No. You need to go back to Court for a modification of your child support or alimony.
Answer Applies to: Florida
Replied: 12/15/2011
Maclean Chung Law Firm | G. Thomas MacLean Jr.
If your financial situation has changed, you should file a request as soon as possible with the family law court to modify the amount of child support you pay. The reason for this is because any request to modify support may be back dated to the date of the filing, but support cannot be modified prior to when you filed your request to modify. As far as bankruptcy, child support is not dischargeable in bankruptcy, and the automatic stay does not apply to child support obligations. Unless you have other reasons for filing bankruptcy, it would be better for you to file a request to modify child support and work out a repayment plan on the support arrears that you owe.
Answer Applies to: California
Replied: 12/15/2011
Law Office of William C. Wood, LLC | William C. Wood
No, a bankruptcy will not provide protection against a child support obligation. If your income has changed since the child support order went into effect, you should file a motion to modify the child support order.
Answer Applies to: Maryland
Replied: 12/15/2011
