How Bankruptcy Affects Child Support
Bankruptcy relieves overwhelming debts, but it has limitations, especially regarding child support. This post explains how filing for bankruptcy impacts child support obligations.
Bankruptcy and Child Support
Bankruptcy and family law often intersect, particularly with child support, a priority debt that cannot be discharged. Here’s how bankruptcy types handle it:
Chapter 7 (Liquidation):
- Assets are liquidated, but child support is not dischargeable.
- Child support arrears are prioritized for repayment from liquidation proceeds.
- Ongoing child support payments must still be made.
Chapter 13 (Reorganization):
- Allows reorganization of debts, including child support arrears.
- Regular child support payments must continue during the repayment plan.
- Failure to comply with the plan can result in dismissal of the case.
Custody and Visitation
Bankruptcy doesn’t affect custody, but financial instability could influence court decisions regarding the child’s best interests. Having legal representation and knowledge of both bankruptcy and family law is crucial.
Conclusion
While bankruptcy offers debt relief, child support remains a non-dischargeable priority. Consult a knowledgeable attorney to navigate the complexities of bankruptcy and its impact on child support.
FAQs
- Can bankruptcy discharge child support? No, child support is a priority debt and cannot be discharged.
- How does Chapter 7 affect child support? Child support arrears are prioritized for payment, and ongoing payments are required.
- What happens in Chapter 13? Child support arrears can be included in the repayment plan, but ongoing payments must continue.
Contact Us
Are you facing financial hardship in Tampa Bay? Contact our trusted bankruptcy attorneys for a free consultation at 813-222-8210 to explore your debt relief options.
The information provided on this page is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Please contact a licensed bankruptcy attorney to determine your bankruptcy eligibility options.