Does filing a Chapter 7 bankruptcy protect one from going to jail for child support?

No.

No. The automatic stay would not prevent the trial court from putting him in jail for contempt. If a Chapter 13 helped him catch up the payments, he would be in better shape with the judge.

The family law court has jurisdiction to determine whether a person will be jailed for child support arrrears. Filing of a bankruptcy has no effect on the family court's order. Paying for past due support in a chapter 13 might persuade a family court judge to not impose the penalty of jail.

They don't put you in jail for not paying child support unless the judge finds that you can afford it but don't obey the order intentionally or you could afford it if you looked for work. Jail is to force you to comply and not to punish so no sense in putting a person in jail if impossible for the person to comply due to unemployment that you cannot be avoided. There is a criminal charge the District Attorney can file for intentional failure to support in the past but the person has the right to a jury trial, an appointed lawyer and all other rights of criminal defendants. Filing a Chapter 13 will stop the jailing by the family law judge to make a person comply (since the person is complying by paying under the protection of the bankruptcy court) but the person must pay the entire amount owed in support in a plan with a maximum five year term plus ongoing support payments. It does not sound like your friend can qualify for a Chapter 13 due to lack of income. Chapter 7 will do him no good regarding child support. If he was convicted of a criminal charge for failure to support then he might be on probation that requires him to keep current on support or have his probation violated and be sent to jail to serve the original sentence. Bankruptcy will also stop a violation of probation for nonpayment but only if he is in a Chapter 13 that requires payment of the child support arrears and ongoing support. In other words, there is no probation violation if payments are being made through a Chapter 13 Plan.

Child support obligations are not dischargeable in bankruptcy. Your friend should consult with a family law attorney about modification of the child support order.

A ch. 13 allows for child support arrears to be paid over time. We have found this to be a very good solution for folks in your friends situation. Of course, current support payments must be kept current.

Bankruptcy does not prevent prison for non-support. An unemployed person with no income besides food stamps cannot file Chapter 13.