QUESTION
Can I file bankruptcy for child support arrears? How?
Asked on Jul 14th, 2015 on Bankruptcy - Georgia
More details to this question:
I am just wondering which debts can be discharged through bankruptcy. I owe child support arrears that I absolutely cannot pay off anytime soon. Can these arrears be included as part of the bankruptcy so that I can get a little room to breathe?
7 ANSWERS
That would be a no.
Answered on Aug 25th, 2015 at 8:20 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, child support can't be discharged in bankruptcy.
Answered on Jul 20th, 2015 at 1:02 AM
Debt Relief Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
Family support (including arrears) is not discharged in bankruptcy.
Answered on Jul 16th, 2015 at 7:07 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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No. Those claims (along with about a dozen others) are not dischargeable in a bankruptcy. If you want relief, you will have to seek it in family court.
Answered on Jul 14th, 2015 at 6:27 PM
Since child support is never eligible to be discharged in a bankruptcy, Chapter 7 is unlikely to provide you with much wiggle room to solve this problem. Chapter 13 would allow you up to 5 years to catch up on the child support arrears but you will be kicked out of the Chapter 13 program if you fail to make the ongoing child support payments.
Answered on Jul 14th, 2015 at 2:33 PM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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Yes. You can file a Chapter 13 bankruptcy and put the arrears in the repayment plan. This plan can stretch for 5 years which should give you some breathing room. Once your case is filed however you will have to resume making your normal monthly child support commitments.
Answered on Jul 14th, 2015 at 1:54 PM