CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

Bankruptcy and Family Law: Does Filing Affect the Child Support I Pay or Receive?

How Does Filing Bankruptcy Affect Child Support.Bankruptcy and Family Law

If you’re like many people, the well-being of your children is your most important priority. Struggling financially doesn’t change this. Even if you are considering bankruptcy, you’ll still want to do right by your children and provide for them. What should you know about bankruptcy and family law?

What if you’re the custodial parent and you rely on your child’s other payment for support payments – but he or she is struggling? How does bankruptcy affect child support payments?

Is Child Support Discharged in Bankruptcy?

No.

Child support is a priority debt. Bankruptcy does not discharge it. You must continue paying your payments when you file. If there are past due payments, you’re responsible for those, too.

Does Bankruptcy’s Automatic Stay Affect Child Support Payments?

Bankruptcy’s automatic stay is one of its primary benefits. When you file, the court orders your creditors to stop all debt collection actions. Creditors can no longer contact you or take legal action against you concerning a debt. The debt isn’t discharged – yet – but you do get a break from creditor contact while the court sorts through your case.

However, the automatic stay does nothing to prevent the collection of child support payments. Child support is a court-ordered obligation. Bankruptcy and family law are two separate legal issues handled in two separate courts. The obligation remains in place regardless of any effort you take to file for bankruptcy and your child’s other parent can continue to seek support from you even after you’ve filed.

The chapter bankruptcy you use does affect how the court handles child support issues. Neither relieves you of support obligations, but filing for Chapter 13 makes it a bit more difficult for your child’s other parent to collect. This is because your income is part of your bankruptcy estate for up to five years after you file for Chapter 13.

Recipient parents must request relief from the automatic stay to collect what is owed, but the court lifts the stay in almost every case. If you are a recipient parent fighting for child support payments, an attorney can help you file a request for relief against the paying parent.

You can find out more about the automatic stay with this information from the Cornell Law School.

Courts Consider Child Support Priority Debts

When addressing issues of bankruptcy and family law, you must understand how the bankruptcy court handles priority debts. A priority debt is a debt that the court considers more important than others. You pay it before any other type of debt.

Not only is child support a priority over debts like credit cards or bank loans, but it’s also a debt over other priority debts. The court satisfies child support debts before other priority debts, such as tax obligations.

In Chapter 13 bankruptcy, back child support payments are added to your bankruptcy payment plan. Current payments must be paid out of your income during the three to five year Chapter 13 plan.

In Chapter 7, back payments are paid from any assets liquidated by the trustee. Your obligation to make payments continues, including any back payments owed, going forward once your bankruptcy case is complete.

Contact an Attorney to Help You with Bankruptcy and Family Law Issues

Determining how to handle priority debts when you file for bankruptcy is a challenge. For many people, filing for bankruptcy makes it possible to fulfill their most important financial obligation – supporting their children.

If you have questions about bankruptcy and family law or how filing will affect child support, contact the Law Office of Robert M. Geller at 813-254-5696 to schedule a free consultation.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

How to File for Bankruptcy without Losing Your Assets: How an Attorney Helps You Use Florida Bankruptcy Exemptions

If you're considering filing for bankruptcy, it's important to know that you can still keep your most important assets. The...
Read More

6 Things You Can Do to Make Filing for Bankruptcy Easier

Bankruptcy is often a confusing and scary process. It can be very overwhelming to face the prospect of declaring bankruptcy,...
Read More

4 Great Bankruptcy Resources for People Struggling Financially

Filing for bankruptcy can be a daunting process, but there are many bankruptcy resources available to help you through it....
Read More

6 More Things You Should Know About Bankruptcy

When you’re considering bankruptcy, it can help to know what to expect. Understanding the bankruptcy tricks and tips available to...
Read More

How to Take Control of Your Financial Situation

Do you want to learn how to take control of your financial situation? Does it feel as if your spending...
Read More

What Can I Do If I’m Being Harassed by Creditors?

Struggling with financial problems is bad enough. It gets a lot worse if you’re being harassed by creditors. What is...
Read More

Can I File for Bankruptcy without an Attorney?

The short answer to this question is yes, you can file for bankruptcy without the help of an attorney. However,...
Read More

Can Bankruptcy Improve the Health of Your Marriage?

Marriage and money problems go hand in hand. Financial problems cause everything from minor squabbles to full-blown marriage-ending fights within...
Read More

5 Common Budgeting Mistakes Newlyweds Make and How to Avoid Them

Budgeting mistakes are common, especially when you’re young. Not all newlyweds are young adults, but many first-time marriages do involve...
Read More

When Should Married Couples File for Bankruptcy Together?

There's no easy answer to the question of timing when it comes to bankruptcy. In some cases, it may make...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

NACBA Logo avvo1 avvo2 avvo3 LEA BBB Logo

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions