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Child support and bankruptcy

Child custody battles are usually followed by child support negotiations and legal battles. In most cases, the non-custodial parent has to pay child support to the custodial parent to help them bear the finances of the child. The law is strict towards parents that do not pay their share of child support. It is very difficult to get yourself out of this financial obligation, and the judge makes sure every decision is in the best interests of the child. However, bankruptcy is a special case in which the laws are complicated, and the amount of child support might be changed.

If you have missed child support payments while filing for bankruptcy, your payments will keep accumulating as back pay. You will have to make all payments unless your child support agreement has changed. However, you have the right to file a motion to change different clauses in your child support agreement. You are required to keep paying the original amount till the case is solved, and the judge agrees to change certain details in the agreement.

The most common types of personal bankruptcies are Chapter 7 and Chapter 13. If you file for one of these, it does not wipe away any child support obligations and the state will force you to pay the required amount.

If you are considering filing for bankruptcy because of your child support payments, it is advisable to discuss your situation with an attorney before taking any further steps. The attorney will elaborate your position and help you file for bankruptcy if required.

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John T. Chamberlin, Attorney at Law
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