Will I lose child support if I file for bankruptcy? 27 Answers as of August 26, 2011

I get child support from my ex spouse, but it is not enough to pay for everything. I have a lot of debt and want to file for bankruptcy. Will I have to put down that I get child support from my ex spouse? Can I somehow request for more money if I am in the process of filing for bankruptcy?

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Heupel Law
Heupel Law | Kevin Heupel
No, child support is not affected by filing bankruptcy.
Answer Applies to: Colorado
Replied: 8/26/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
No
Answer Applies to: Maryland
Replied: 8/6/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You will need to disclose all sources of income, including child support. You should speak with a bankruptcy attorney to discuss this matter.
Answer Applies to: New Hampshire
Replied: 8/5/2011
Law Office of Jackie Robert Geller
Law Office of Jackie Robert Geller | Jackie Robert Geller
You won't lose your child support.
Answer Applies to: California
Replied: 8/3/2011
Fears & Nachawati
Fears & Nachawati | Majed Nachawati
Question 1: No, in almost all instances you will continue to receive your child support payments as income. Question 2: If you need more child support, generally you have to file a petition with the state civil courts and petition the family civil court for a modification of the old child support order requesting a higher amount.
Answer Applies to: Texas
Replied: 8/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You must disclose the child support income in the petition and you do not lose child support by filing a bankruptcy case.
    Answer Applies to: California
    Replied: 8/3/2011
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    NO. you will NOT lose child support by filing a bankruptcy case.
    Answer Applies to: Ohio
    Replied: 8/3/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    Child support is income that you must disclose in a bankruptcy, but not money that can be taken, since it is for the support of your children. Only the original divorce court can increase the amount of child support, the bankruptcy court cannot. It will defer to the State Court.
    Answer Applies to: Utah
    Replied: 8/3/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No
    Answer Applies to: Virginia
    Replied: 8/3/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Child support that is owed is listed in schedule B of the petition. It is exempt. You can request more support money in the family law court without it affecting the bankruptcy. Question Detail: I get child support from my ex spouse, but it is not enough to pay for everything. I have a lot of debt and want to file for bankruptcy. Will I have to put down that I get child support from my ex spouse? Can I somehow request for more money if I am in the process of filing for bankruptcy?
    Answer Applies to: California
    Replied: 8/3/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    no
    Answer Applies to: California
    Replied: 8/3/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Child support is considered income by the bankruptcy court and must be disclosed as income.
    Answer Applies to: California
    Replied: 8/3/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You will not lose your child support by filing for bankruptcy protection. You can also ask for more child support while you are in bankruptcy.
    Answer Applies to: California
    Replied: 8/3/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    You have to list your child support as income.
    Answer Applies to: California
    Replied: 8/3/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    Child support is money paid for the benefit of your child. You will not lose the right to receive child support because you file a bankruptcy case. You are required to list the income in your petition and you should describe it as "child support." If your circumstances warrant an increase in child support, you will need to file the appropriate documents with the state court to have the support adjusted.
    Answer Applies to: Alabama
    Replied: 8/3/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You do have to put down that you get child support. You are required to show all income coming into the house, with some exceptions like Social Security or sometimes unemployment. You would need to see a family lawyer to see if you are entitled to get your child support increased. It is my understanding that they won't increase just because you had to file bankruptcy, but they may have other reasons, like your ex-spouse is making more money than before, that they could increase it. Good luck!
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    You will NOT lose your child support.
    Answer Applies to: Oregon
    Replied: 8/3/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Your child support is exempt either under Michigan or Federal exemption statutes and will not be lost. You must disclose all income when filing bankruptcy. It is added to any other income minus expenses to determine your eligibility to obtain a discharge in bankruptcy. Your request for more child support income is made to the state court not bankruptcy court. Additional income will still be used to determine your eligibility.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The child support is considered income to you for the purpose of calculating whether you qualify for Chapter 7. If you total income from all sources is still less than the median income including child support, then you can file for a Chapter 7. You will not loose the right to child support by filing bankruptcy. Your right to any increase in support is not something the bankruptcy court deals with. It would be a Family Court matter.
    Answer Applies to: California
    Replied: 8/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you fail to disclose your child support, you have committed perjury and your discharge may be denied. You may also go to prison for up to five years. What effects a bankruptcy has on a divorce settlement is a complex area of law and you need a lawyer to navigate those waters. Do not proceed pro se.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Filing for bankruptcy will not affect your ability to collect child support. I am happy to discuss this and any other issues you have.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    You do have to list all income sources including child support. If you need to request more support you can go back to court and request that it be modified. You also have to be careful because if your ex is earning less than when the last child support order was made then your support can be reduced. Support is also dependent upon your income so if your earning more then it could also get reduced. Simply put, the ideal situation for you is that he is earning more and you are earning less than when the order was last made.
    Answer Applies to: California
    Replied: 8/3/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    You do have to declare child support on your bankruptcy petition. However, since it is for the interest of your child and not yourself, it does not count as part of your income or asset that can be distributed to the creditors. Yes you can request more money from you ex husband while in bankruptcy. However, assuming that you're in Florida, you will have to prove that circumstances have changed so much in your ex husband's life that an increase in payment is warranted (i.e. if he won the lottery or if he is making a lot more money than before and the support he has been paying is not adequate, etc.).
    Answer Applies to: Florida
    Replied: 8/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Your child support will not be affected by your bankruptcy filing. If you are not receiving guideline child support, you can request a modification of your support order but you won't lose your support in bankruptcy. If you are in my area and are looking for an attorney, please contact me for a referral. I handle both family law and chapter 7 bankruptcies.
    Answer Applies to: California
    Replied: 8/3/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Your child support won't be affected by your bankruptcy filing.
    Answer Applies to: California
    Replied: 8/3/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    I don't believe disclosing your child support income on your bankruptcy petition is going to jeopardize or otherwise cause you to lose this child support income. Just because it is not enough to live on does not result in it being taken away from you or that you cannot file bankruptcy. Bankruptcy is designed to assist debtors who are unable to continue a standard of living and pay their debt. Many debtors file bankruptcy when they have no income at all. To answer your last question, if you are trying to pursue and increase in child support against your ex, then you should consider doing so in a separate family law matter, which is totally separate from your bankruptcy filing. Filing for bankruptcy alone is not the method you would use to request an increase in child support.
    Answer Applies to: California
    Replied: 8/3/2011
    Glen A. Kurtis, P.C.
    Glen A. Kurtis, P.C. | Glen A. Kurtis
    The support payments would be included in your income and be a factor in the income/expenses calculation.
    Answer Applies to: New York
    Replied: 8/3/2011
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