Will I still get child support if I file for bankruptcy? 31 Answers as of August 10, 2011

Your bankruptcy will not affect child support. Child support is based upon your income and the father's income as well as certain expenses of the children. You should talk to a family lawyer to determine whether or not child support should be decreased or increased. Your bankruptcy has nothing to do with child support.

Your bankruptcy should have no impact on your ex-husband's child support obligation to you. Only a state court can modify his obligations for child support and he needs to apply for that with the court and send you a notice of the hearing.

Bankruptcy will not affect your child support. The support is court ordered and does not have any relationship with your debt or if you file bankruptcy.

Absolutely

He doesn't feel like he should help support his child? I'll try to give him the benefit of the doubt and say he loves his children very much, he's just jealous of you getting another fresh start and/or has some other motives going on. At any rate it should be said that making the choice to file bankruptcy is not an easy one, especially with the undo social pressures that sometimes come along with it, despite the fact that; it's provided for in the U.S. Constitution; talked about in the bible; and factored into the price of everything. You filing bankruptcy has nothing to do with his obligation to pay child support to you. The amount he pays has nothing to do with how much or how little you are struggling to pay your bills. It's based on 1 how much your ex husband makes, 2 a formula created and calculated by the state of Texas based on number of children and 3 any special needs that a child might have. It's a very "straight forward" formula that the family courts in the state of Texas use everyday . It has nothing to do with how much or how little debt the parent who has been awarded primary custody has. There are a lot of factors to consider when deciding to file bankruptcy, maybe your ex husband means well, but what he is saying isn't based on any bankruptcy laws and is simply not true. So what he says should be given little weight in your choice to file bankruptcy, especially because it doesn't appear to be grounded in any legal reasoning.

Yes

Your bankruptcy attorney and your divorce attorney should be able to advise you on this question. In general, a change in your debt situation will not change your child support. Bankruptcy only takes away debts. It does not add income. If your ex is having financial problems and difficulty paying his child support, he should get the advice of a bankruptcy attorney. By the way, why are you discussing your personal business with your ex? You may have to list them on your bankruptcy petition, but there is possible gain to discussing it with them. Good luck.

You are still entitled to child support. It is meant for support of the children. It is very difficult to have it modified downward and certainly not simply because you went bankrupt.

Your filing bankruptcy will not affect your right to child support.

That's incredibly backwards thinking on his part. He can't reduce without going to court, anyway, if it's under court order. If it's not, and he cuts it, you should take him to court. It's his child and has nothing to do with bankruptcy.

Ignore him. He's a moron. You don't just get to stop paying child support. If he does stop, either have your lawyer file a contempt, or have him arrested for abandonment.

The child support issue is separate from the bankruptcy issue. You can file bk and it will have nothing to do with you receiving child support. Your ex spouse can attempt to modify the child support order whether you file bankruptcy or not.

Yes.

You should.

You should consult with a family law attorney about what might happen with your support obligations.

Domestic support obligations are not stopped because you file bankruptcy.

You should discuss your situation with your family/divorce law attorney. It's not likely that your bankruptcy will be used as a reason to modify the child support but if it puts you in a better condition financially where you can handle your obligations without child support, the modification may be warranted to some extent, completely or not at all.

Child support is determined under state law based upon the income of the parties. The filing of a bankruptcy case in no way entitles your ex-husband to reduce the amount of support he pays.

Bankruptcy does NOT affect your right to receive child support. If he thinks there is grounds to modify his support obligation OTHER than because you filed bankruptcy, then he can go to Family Law Court - the only court which has any ability to affect the amount of child support. If you cannot pay your bills and have to file bankruptcy, sounds like you need more child support, not less.

Child support is not affected by bankruptcy (although it has to be reported in the petition like any other income). Whether or not your ex-husband can get it reduced will be up to the family law court of the county where you live or have a child support case pending. Generally, child support is based on income only but obligations (such as debts) of the parties may also affect the amount that the court will order. Your question should be directed to a family law attorney since the child support amount is not determined by the bankruptcy court.

Child support has nothing to do with your bankruptcy. Of course you can continue to receive it. He is bullying you.