Bankruptcy and Child Support

If you are filing for bankruptcy and pay child support, you might wonder how this will affect your child support obligations. Alternately, if you receive child support payments and the other party is filing bankruptcy, you might want to know whether your rights to child support will be affected.

Read on for basic information on how bankruptcy and child support work together.

Are child support payments discharged in bankruptcy?

No. Someone who owes child support, whether it’s back or current payments, will not see this obligation disappear by filing for bankruptcy. Accordingly, if you are owed child support, you should still see all that is owed, although payments may be temporarily stopped (see more information on this below).

Do actions concerning child support payments stop during bankruptcy?

No. Any court actions involving child support (establishing or modifying existing payments) or the determination of paternity are not stayed during a pending bankruptcy.

Are child support payments stayed during bankruptcy?

Maybe. In some cases, particularly in Chapter 13 bankruptcy proceedings, child support payments may be stopped temporarily during the pending bankruptcy. That said, the debtor is still responsible for those payments once the bankruptcy is over.

Can debts for my child’s medical bills be discharged in bankruptcy?

Debts such as those for your child’s medical care are considered “in the nature of support,” and are not eligible for discharge in bankruptcy.

Whether you’re paying or receiving child support, you want to make sure that you know your rights and obligations before any problems come up. Bankruptcy as it pertains to child support is an extremely complicated area of the law, so if you are in a situation involving both, you should contact an experienced bankruptcy attorney in your area for advice.