QUESTION
Can I include child support in my bankruptcy?
Asked on Aug 31st, 2014 on Bankruptcy - Connecticut
12 ANSWERS
You must include every debt in your bankruptcy, and every debt means just that EVERY DEBT! But child support, even though included, is not eligible to be eliminated in bankruptcy. In terms of paying for a bankruptcy, many lawyers will accept monthly payments but the case will not be filed until the fees & costs are paid in full court rules require this. Many people get money from family or friends to pay for the costs, or pay from money they otherwise would be using to pay debts.
Answered on Sep 03rd, 2014 at 4:43 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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You have to list all of your debts in the bankruptcy petition. However, child support is exempt from discharge so you'd want to consider how/whether a bankruptcy will help you pay. Perhaps a chapter 7 can eliminate other debts that will help you focus on paying down the child support or in a restructuring type of bankruptcy (chapter 13) whether there is the possibility of creating a workable repayment plan. Discuss the details of your situation with a local bankruptcy attorney to help you figure out what may be appropriate.
Answered on Sep 03rd, 2014 at 4:41 PM
Child support is not dischargeable. Contact the County hotline where you live and ask about free legal representation. You can also contact your local Bankruptcy Court for this information.
Answered on Sep 03rd, 2014 at 4:37 PM
Collections Attorney serving Anaheim, CA
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Marlin Branstetter Attorney at Law
Child support is not discharged in bankruptcy. If you are unable to pay in full many attorneys will set you up on payments but most will require all fees to be paid prior to filing.
Answered on Sep 02nd, 2014 at 1:48 PM
Past due child support obligations are not dischargeable in bankruptcy, although the recipient must be listed as a creditor in Schedule E of your bankruptcy petition. In a Chapter 13 Plan the past due arrearages can be paid over the life of the Chapter 13 Plan (up to 60 months), although they have to be paid in full over said timeframe.
Answered on Sep 02nd, 2014 at 1:46 PM
Complex Litigation Attorney serving Costa Mesa, CA
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Thomas Vogele & Associates, APC
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If your question is, can I discharge child support, the answer is no. Child support and most spousal support obligations are non-discargeable. If you cannot fulfill your support order obligations, your best course of action is to seek a modification from the Court.
Answered on Sep 02nd, 2014 at 11:21 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Child support can't be discharged in bankruptcy. Most attorneys will accept payments over time.
Answered on Sep 02nd, 2014 at 11:21 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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All debts must be included in bankruptcy, even child support. However, child support is one of those debts where an exception to discharge, forgiveness exists. The debt owed for child support does not go away in bankruptcy. If you file a Chapter 13, any arrearages must be caught up over the term of the plan.
Answered on Sep 02nd, 2014 at 11:20 AM
Bankruptcy Attorney serving Huntington Woods, MI
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Detroit Lawyers, PLLC
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You'll have to list your child support on your petition regardless of if you owe it or if you're owed child support. You won't be able to discharge the obligation, however. If you filing in the Eastern District of Michigan you can find out more about their filing at http://www.mieb.uscourts.gov/content/filing-without-attorney.
Answered on Sep 02nd, 2014 at 11:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Child support, spousal support and marital obligation fro divorce judgments are generally NOT DISCHARGABLE. See an attorney before you compound your problems!
Answered on Sep 02nd, 2014 at 11:18 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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When you file a bankruptcy petition, all of your debts and assets are included. Your child support will not be dischargeable, so you will have that liability when your bankruptcy has been completed.
Answered on Sep 02nd, 2014 at 11:18 AM
You absolutely cannot include child support in bankruptcy. It would go against public policy at the very least to even consider being able to discharge one's parental monetary responsibilities. As for filing when you do not have enough money to afford legal counsel, my advise would be to either save up for bankruptcy or if you have no money in the bank, wages or property, be comfortable being judgment proof. Please pay your child support.
Answered on Sep 02nd, 2014 at 11:17 AM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals