QUESTION
If someone filed for chapter 7 bankruptcy, can this affect child support or keep them from paying or can the amount be change?
Asked on Apr 30th, 2013 on Bankruptcy - Michigan
13 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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No.
Answered on May 02nd, 2013 at 3:12 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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No, bankruptcy does not affect child support.
Answered on May 01st, 2013 at 3:35 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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The Bankruptcy Court can not modify a child support order, and in NJ all debtors are required to keep their child support obligations current.
Answered on May 01st, 2013 at 3:35 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Bankruptcy tends to have little or no effect upon child support owed or received. Child Support coming in is exempt and unable to be recovered by the Trustee. Child Support going out is a valid Court Ordered expense/garnishment. In fact, the Bankruptcy Court expects Child Support will continue to be paid. If the Trustee recovers monies, Child Support is a priority debt where the monies are sent to pay first over other creditors. Bankruptcy should not be a reason to stop paying Child Support and could get them in trouble with the Bankruptcy Court. Regarding changes to the amount of Child Support, I am not aware that the filing of bankruptcy is a sufficient ground to modify a Child Support Order through the respective state court.
Answered on May 01st, 2013 at 3:34 PM
Bankruptcy Chapter 7 Attorney serving Louisville, KY
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Thornhill & Holt, PLLC
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No, child support is not dischargeable in bankruptcy, so the amount owed should not be affected at all. It also does not stop the duty to pay while the bankruptcy is open.
Answered on May 01st, 2013 at 3:34 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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No.
Answered on May 01st, 2013 at 12:20 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Child support is not discharged in bankruptcy. Bankruptcy does not affect the child support order. Only the court that issued the order can change that order, generally.
Answered on May 01st, 2013 at 12:05 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Probably not.
Answered on May 01st, 2013 at 12:04 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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One parent's being rid of debts can be the basis for a modification of child support.
Answered on Apr 30th, 2013 at 11:41 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Child support is not dischargeable in bankruptcy nor does the act of filing bankruptcy change the amount of court ordered payment. If Debtor has filed for Chapter 13 and owes back child support, Debtor's Chapter 13 Plan will not be confirmed unless the Plan proposes to bring this debt current.
Answered on Apr 30th, 2013 at 11:31 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Child Support and Alimony trump Bankruptcy 100%.
Answered on Apr 30th, 2013 at 10:03 PM
No, child support or spousal obligations cannot be discharged in bankruptcy. And, the bankruptcy stay that prohibits collection activity while the debtor is in bankruptcy does not forbid the collection of support obligations. And, no, you cannot use bankruptcy to modify the support amount. That has to be done through the state court.
Answered on Apr 30th, 2013 at 9:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Changes in financial condition are taken into account by the court for future child sport payments. Generally, child support and past due child support are nondischargeable bankruptcy
Answered on Apr 30th, 2013 at 9:07 PM