Blog

When divorce occurs and there are children involved in the marriage, things are more complicated for everyone involved. When a parent is receiving or paying child support and bankruptcy is looming in the future, this responsibility will need to be looked at carefully. The ability of parents to provide and care for their children is always viewed as the most significant responsibility in the court system. Courts place a high value on the obligation of parents to provide for their children financially. Therefore, it is a misconception to think that if a parent files for bankruptcy then s/he is relieved from paying child support. Filing bankruptcy generally will not release a parent of his or her duties to pay child support.

When filing bankruptcy as a parent paying child support or as a parent receiving child support, it is critical that you understand what effect this will have on child support payments.

Child support is considered to be under the heading of “in the nature of support” as a debt that cannot be discharged. Under the law, parents who owe child support cannot escape this duty by filing for bankruptcy. It is also essential for both parents to understand that filing for bankruptcy does not discharge unpaid child support payments. Any parent that is behind in child support payments will be obligated to pay back missed payments. Even if a judge were to grant a motion and lower future child support payments, the parent would still be responsible for the full amount of back child support.

Filing for bankruptcy is a complicated matter, and when child support is involved, the issue requires excellent assistance from a highly qualified bankruptcy attorney. If you are in a difficult financial situation and are facing bankruptcy, contact George R. Belche, Attorney at Law today. We will meet with you to discuss your specific situation and learn about your options.

George R. Belche, Attorney at Law