If you are paying child support and are considering filing bankruptcy ,you may want to know how a bank uptcy ruling will
affect your child support obligations. On the other hand, if you are currently receiving child support, and the paying parent
has filed for bankruptcy,you maybe wondering what effect this will have on your child support payments.Following are
some questions and answers on child support and bankruptcy.
Q: My ex-wifehas declared bankruptcy, and now she says she doesn’t have to pay child support. Is that true?
A: Child support payments generally cannot be discharged in bankruptcy .This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to establish
paternity or to establish or modify child support obligations.The relationship between child support and bankruptcy is
complex, and you may need the help of an attorney familiar with bankruptcy law.
Q: My ex-husband filed for bankruptcylast week. He owes back child support for more than six months. Will
bankruptcy wipe this out?
A: No.Backchild support payments (sometimes called payment "in arrears") cannot be discharged by filing for bankruptcy,so your ex-husband’s obligations on backchild support will remain in place.
Q: I’m looking into filing for bankruptcy, and I read that debts "in the nature of support" for children can’t be discharged. What does this mean?
A: Debts "in the nature of support" for a child are basically any debts you incurred that relate to your child’s welfare and
upbringing, other than debts arising directly from child support payments owed. For example, if you owe debts for medical
care that your child received, you will not be able to discharge those in bankruptcy .They will be considered debts "in the
nature of support."