Will I be able to modify child support because of bankruptcy? 3 Answers as of October 14, 2010

If I get a discharge through Chapter 7 bankruptcy will I be able to modify my child support orders? It is obviously going to change my financial situation.

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Law Office of Barbara Seeley Curtis
Law Office of Barbara Seeley Curtis | Barbara Curtis
You may have more available income to pay your child support.
Answer Applies to: Florida
Replied: 10/14/2010
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Bankruptcy and child support are two different things, handled in 2 different courts. If you are if financial difficulty, as evidenced by the filing of a bankruptcy, this may be grounds for you to go into family law court to try to modify your child support.

The discharge order in bankruptcy is not what helps you in family law court. It is the reduction in your income that is typical amongst debtors in bankruptcy.

Child support is not dischargeable and cannot be modified retroactively.

If you have a bankruptcy question or problem, call me.

If you believe that you have grounds to lower your child support obligation, you should see a specialist in family law.
Answer Applies to: California
Replied: 10/13/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
No, you cannot modify child support because of a bankruptcy.
Answer Applies to: California
Replied: 10/13/2010
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