Child Support During Bankruptcy

Your spouse is behind on his child support – support which you and your children depend on. He then decides to file for bankruptcy. Will you ever receive your owed payments?

If a parent responsible for child support files for bankruptcy, he is still obligated to fulfill his court mandated orders. The relief of bankruptcy does not apply to child support. Under Chapter 7, Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) considers domestic support obligation as a top priority. The liquidated estate is used to pay child support before other expenses.

Under Chapter 13, the child support will be paid according to the repayment plan approved by the court. To have the Chapter 13 confirmed, the payments must be confirmed. In addition, to obtain a discharge in a Chapter 13, all post-petition child payments will have to be met.

If anything, bankruptcy will help the spouse be able to pay the child support in a more timely manner, as his other debts will be reduced or eliminated. In both Chapter 7 and Chapter 13, trustees are required to disclose information to a domestic support creditor such as the address of residence of the debtor at the time of discharge. The situation is complicated, and it is advisable that an attorney assist you in navigating the legal system to obtain payment.

The San Diego child support lawyers at the law firm of Fischer & Van Thiel, LLP are experienced in obtaining child support payments. You deserve to be able to provide the best for your child. If you are lacking child support payments, call 760-722-7646 today to talk to a San Diego divorce lawyer who can evaluate your case.

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