QUESTION
Is a non-custodial parent able to file bankruptcy once the child turns 18 and they have an arrears?
Asked on Mar 16th, 2013 on Bankruptcy - Colorado
7 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
One can file bankruptcy, but in New Jersey, Child Support also known as Domestic Support Obligations, are not dischargeable.
Answered on Apr 11th, 2013 at 3:20 PM
Bankruptcy Attorney serving Hampton, VA
at
Haven Law Group, P.C.
Update Your Profile
You can always file for bankruptcy. However, child support arrears are never dischargeable.
Answered on Apr 11th, 2013 at 12:37 AM
William Rhymer
Yes, a non-custodial parent can generally file a bankruptcy, but would not be able to discharge any court ordered child support.
Answered on Apr 10th, 2013 at 8:45 PM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
2 Awards
If the arrears you are talking about are child support arrears, you can file a Chapter 13 and schedule those payments over time.
Answered on Apr 10th, 2013 at 1:59 PM
The age of your children has nothing to do with whether or not you are able to file bankruptcy and it also has nothing to do with whether delinquent child support can be discharged. Assuming someone qualifies to file a Chapter 7, one can always do this, but can never eliminate an obligation to pay child support arrearages, whatever the age of the child might now be.
Answered on Apr 10th, 2013 at 1:58 PM
Bankruptcy Attorney serving Livonia, MI
at
Charles J. Schneider, P.C.
Update Your Profile
Yes but you will not receive a discharge of the child support debt.
Answered on Apr 10th, 2013 at 1:57 PM
Deborah F. Bowinski
You are asking two different questions here. You can certainly file bankruptcy to get relief from dischargeable debts, BUT child support and maintenance arrears are NOT dischargeable in bankruptcy. If you have other debts as well it may still make sense to consider filing.
Answered on Apr 10th, 2013 at 1:56 PM