Bills.com Blog > Other Questions > Bankruptcy for Child Support
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 evenafter 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 http://www.bills.com/bankruptcy/ /">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.
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Bill
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