How is child and spousal support handled in bankruptcy?

Keeping with financial obligations while addressing your debts can be overwhelming. But, taking the bankruptcy process a bite a time can help you receive the fresh start you are hoping to achieve. Understanding how your child and spousal support duties will remain the same or change after filing for bankruptcy can help you recover with more ease.

Although filing for bankruptcy offers you chance to reset your finances. Filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy may help you better manage support-related debts, but it doesn’t excuse you from child custody and alimony payments.

Do I have to pay child support?

When it comes to fling for bankruptcy, child support responsibilities you didn’t meet in the past or have to meet in the future won’t go away. Although there are many categories of debt that you can escape from after a bankruptcy proceeding, missed child support payments is not one of them. In fact, there are legal consequences you may face if you miss child support payments, including garnished wages, property seizure, license suspension or jail time.

Do I have to pay alimony?

Through bankruptcy, alimony or spousal support is also a non-dischargeable debt. You will still have to pay alimony and alimony-related commitments legally spelled out in your:

  • Divorce settlement
  • Property settlement
  • Separation agreement
  • Any other court order that requires to pay for essential needs of your ex-spouse

However, whether you are behind on child support or alimony payments, filing for Chapter 13 bankruptcy can help you manage your debt through a payment plan.

What are my options?

No matter what financial burdens you bear, an experienced attorney can assist you and your family in devising a plan to stay afloat during this financially difficult time. Seeking legal guidance can help you file for the appropriate type of bankruptcy and determine if you’d be eligible to modify your child or spousal support order.





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