The Truth Behind Bankruptcy for Child Support - The Bills.com Blog

Bills.com Blog > Other Questions > Bankruptcy for Child Support

The Truth Behind Bankruptcy for Child Support

Thursday, Oct 18, 2007

Question: Can we file bankruptcy on child support?

Answer: The simple answer to your question is no, delinquent child support payments are generally non-dischargeable in bankruptcy. This means that back child support debts cannot be forgiven like other unsecured debts in a Chapter 7 bankruptcy, commonly called a "straight bankruptcy." Like student loans, most taxes, and some other types of debt, you must repay child support even after filing Chapter 7 bankruptcy. Although child support cannot be discharged in a Chapter 7, some parents with delinquent child support find Chapter 7 helpful; by discharging other unsecured debts, Chapter 7 could free up money allowing you to bring your child support current and to make your payments on time going forward.

You can include delinquent child support in a Chapter 13 bankruptcy, which is a court administered repayment of your debts,
but child support debts must generally be paid in full as part of the Chapter 13 plan, and the court will expect you to make your regular child support payments timely while you are in Chapter 13. Essentially, a Chapter 13 may be able to bring your late support payments current, but it will not relieve you of your past or future obligations to pay child support.

To learn more about bankruptcy, I encourage you to visit the Bills.com Bankruptcy Information page.


Please keep in mind that Bill is not an attorney, and is therefore not qualified to provide legal advice. Do not base your decision to file or not file bankruptcy solely on the information I have provided above or on the information on the Bills.com website. It is general information which cannot substitute for the advice of a qualified bankruptcy attorney.

I hope this information helps you Find. Learn. Save

Best,
Bill
www.bills.com

Also, make sure to get a free financial health check-up with Bills IQ!

Submit questions/comments about this post:
Name (required)
Email (required never displayed)
Comments

Bill has answered all sorts of questions and has been able to provide those in need of financial guidance with helpful and valuable advice and information on their specific financial area of interest. If you need specific guidance on any of the above mentioned financial areas, feel free to Ask Bill your financial questions and get better informed. Also, make sure to get a free financial health check-up with Bills IQ!

Information provided by Bills.com is for general informational purposes only and is not be construed as legal, financial, bankruptcy, tax or other professional advice. Should you require more detailed information or specific professional advice tailored to your situation you should consult an attorney, financial planner or tax advisor.

While we believe all information provided by Bills.com to be accurate as of the date of its posting, we cannot ensure its accuracy. Use of this site and any information contained on or provided through this site is provided without any representations, warranties or guarantees. Bills.com is not responsible or liable for any decisions or actions anyone may take based on the information provided. Please see Terms of Use.
Subscribe to Bills.com RSS Feed