When you’re drowning in debt and worried about meeting your child support obligations, it’s easy to feel like there’s no way out. Here’s the truth: While bankruptcy won’t remove your duty to pay, it can offer a financial reset that helps you meet those obligations more consistently.
For divorced parents struggling to balance financial obligations, a bankruptcy filing could be the lifeline that restores stability.
Child support is a priority debt in bankruptcy
Under bankruptcy law, child support is a “domestic support obligation” and cannot be discharged in bankruptcy. Whether you file Chapter 7 or Chapter 13, you’ll still be responsible for current and past-due child support. In fact, these obligations are prioritized above most other debts, meaning they must be paid before unsecured creditors receive anything.
How Chapter 7 bankruptcy may help
Chapter 7 eliminates many unsecured debts like credit cards and medical bills freeing up income that can be redirected toward child support. However, it won’t stop enforcement actions like wage garnishment for unpaid support. If you are behind on support payments, Chapter 7 may make it easier to catch up by reducing your overall financial burden.
How Chapter 13 bankruptcy can structure repayment
A successful Chapter 13 bankruptcy allows you to reorganize your debts into a manageable 3 to 5 year repayment plan. This plan must include full repayment of child support arrears, and you must stay current on ongoing payments. It can be a powerful tool for those who need time to catch up without facing penalties or enforcement actions.
Bankruptcy won’t change your child support obligations, but it can give you the breathing room to meet them. If you’re overwhelmed, consider seeking guidance from an experienced legal professional.
