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

My ex husband found out that I am filing for bankruptcy and wants to modify our divorce settlement. He doesnt feel like he should owe me child support anymore. This is my only source of income at this point, what are my options?

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Advanced Litigation Services
Advanced Litigation Services | Joseph Iarussi
filing of bankruptcy does not affect your husband's obligation to pay child support.
Answer Applies to: Nevada
Replied: 8/10/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
You will need to speak with both a bankruptcy attorney and a divorce attorney. Child Support has nothing to do with Bankruptcy or property division. It is outright wrong to think that a parent does not need to support their children because the other parent is filing bankruptcy. Property division and debt division can be effected by filing for bankruptcy. Please get good advice.
Answer Applies to: New Hampshire
Replied: 8/9/2011
Heupel Law
Heupel Law | Kevin Heupel
Yes, you can still receive child support after you file bankruptcy. Also, bankruptcy is not a factor in determining whether someone is entitled to child support. Thus, your ex-husband will find it very difficult to modify child support just because you filed bankruptcy.
Answer Applies to: Colorado
Replied: 8/9/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
YES
Answer Applies to: California
Replied: 8/8/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
Yes. I am happy to discuss these and any other questions you have.
Answer Applies to: Georgia
Replied: 8/8/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    No, you would still be entitled to child support. Your filing bankruptcy has nothing to do with his obligation to pay his child support. However, you may end up having to talk to your family law lawyer to stop him. Good luck! JD
    Answer Applies to: Michigan
    Replied: 8/8/2011
    Glen A. Kurtis, P.C.
    Glen A. Kurtis, P.C. | Glen A. Kurtis
    Yes it will go into your income/expenses calculation.
    Answer Applies to: New York
    Replied: 8/8/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing a bankruptcy has no effect on child support payments. The family law court has continuing jurisdiction to enforce the obligation.
    Answer Applies to: California
    Replied: 8/8/2011
    Lake Forest Bankruptcy
    Lake Forest Bankruptcy | Anerio V. Altman, Esq.
    Your BK has nothing to do with the child support issue. You'll need to fight him in Family Law court.
    Answer Applies to: California
    Replied: 8/7/2011
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    No bankruptcy does not affect child support obligations - because it's for the benefit of your kids, not you. Even if he goes to court, he won't have a case.
    Answer Applies to: Florida
    Replied: 8/7/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    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.
    Answer Applies to: Colorado
    Replied: 8/7/2011
    Mankus & Marchan, LTD
    Mankus & Marchan, LTD | Tony Mankus
    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.
    Answer Applies to: Illinois
    Replied: 8/6/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    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.
    Answer Applies to: Florida
    Replied: 8/6/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Absolutely
    Answer Applies to: Maryland
    Replied: 8/6/2011
    Ethan Myers Law Firm PLLC
    Ethan Myers Law Firm PLLC | Ethan Myers
    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.
    Answer Applies to: Texas
    Replied: 8/6/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes
    Answer Applies to: California
    Replied: 8/6/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    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.
    Answer Applies to: Ohio
    Replied: 8/6/2011
    Edward Papa, Esq.
    Edward Papa, Esq. | Edward Papa
    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.
    Answer Applies to: New York
    Replied: 8/6/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Your filing bankruptcy will not affect your right to child support.
    Answer Applies to: Nevada
    Replied: 8/6/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    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.
    Answer Applies to: Virginia
    Replied: 8/6/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    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.
    Answer Applies to: Georgia
    Replied: 8/6/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    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.
    Answer Applies to: California
    Replied: 8/6/2011
    Kalra Law Firm
    Kalra Law Firm | Madhu Kalra
    Yes.
    Answer Applies to: California
    Replied: 8/6/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You should.
    Answer Applies to: California
    Replied: 8/6/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You should consult with a family law attorney about what might happen with your support obligations.
    Answer Applies to: California
    Replied: 8/6/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    Domestic support obligations are not stopped because you file bankruptcy.
    Answer Applies to: California
    Replied: 8/6/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    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.
    Answer Applies to: Alabama
    Replied: 8/6/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    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.
    Answer Applies to: California
    Replied: 8/6/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    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.
    Answer Applies to: California
    Replied: 8/6/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Child support has nothing to do with your bankruptcy. Of course you can continue to receive it. He is bullying you.
    Answer Applies to: California
    Replied: 8/6/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    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.
    Answer Applies to: Indiana
    Replied: 8/6/2011
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