Many parents struggling under mounting debt have asked us whether or not they can eliminate or reduce their child support debts through bankruptcy. Although Chapter 7 bankruptcy eliminates some a debtor's debt, there are certain types of debts that cannot be eliminated. Child support is one of those debts. Child support is classified as a non-dischargeable debt, and the bankruptcy laws clearly state that an automatic stay does not apply to child support in a Chapter 7 case. This means that even if your Chapter 7 bankruptcy petition is approved, you are still legally obligated to make your current child support payments, as well as repay your child support debt.
When a person files for Chapter 13 bankruptcy, their child support debt is included in that person's repayment plan, and is paid as a first priority. Furthermore, a debtor must keep current on any child support payments due after he or she had filed their bankruptcy petition. If they don't, the court will not issue a discharge in the case where child support is owed.
These bankruptcy laws also apply to all other types of support relating to the care of a child, such as medical expenses, school tuition, etc.
Contact an Experienced Los Angeles Bankruptcy Attorney
The bottom line is there is no way of getting out of your child support obligations or debt. If you have been ordered to pay child support, you must make your payments, even if you are struggling financially. At Pacific Attorney Group, we know how stressful it is to try and overcome large sums of debt, especially when you're asked to continue making payments on something you may or may not be able to afford. A Los Angeles bankruptcy lawyer at our office would be happy to meet with you during a free consultation to discuss possible debt relief options you can take advantage of.
Please call (213) 236-4400 to arrange a consultation with an attorney at our office today!