It’s not an easy decision, but it may be right.
Filing for bankruptcy isn’t just about managing your financial stress. As a single parent, every decision affects your child, too. You’re not only thinking about bills but also about food, school supplies, rent, and their emotional well-being.
There’s also the constant juggling act. Maybe your ex doesn’t pay child support consistently. Or perhaps you’re covering everything alone while trying to work, raise kids, and stay ahead of creditors.
Bankruptcy doesn’t erase all challenges, but it can remove some of the financial weight you’ve been carrying.
In Florida, most people consider two types of bankruptcy: Chapter 7 and Chapter 13.
Chapter 7 bankruptcy can wipe out unsecured debts like credit cards, personal loans, and medical bills. It’s usually quicker and less expensive than Chapter 13. You must pass a “means test,” but many single parents qualify due to household size and income. Florida also offers strong exemptions, including the homestead exemption, which can help you keep your home.
Chapter 13 bankruptcy involves creating a repayment plan over three to five years. It’s often used by people who want to catch up on mortgage or car payments. This might be a better option if you have a steady income and want to protect property that isn’t entirely exempt under Chapter 7.
Chapter 13 can help you catch up if you’re behind on child support. However, bankruptcy won’t eliminate child support or alimony obligations. You can learn more about this from the U.S. Courts website.
If you share custody or receive child support, those factors can affect your bankruptcy case. Income from child support doesn’t count the same way as a paycheck, but it still needs to be reported. If your ex owes back support, that can’t be discharged—but getting your finances in order may make it easier to pursue those payments.
Also, if you and your ex share debts from the past—like joint credit cards or old loans—bankruptcy may shift how those are handled. If you file and they don’t, creditors may still go after them for payment.
It’s important to think about how filing might impact your co-parenting situation. While bankruptcy is a personal decision, it can affect shared responsibilities and financial expectations.
Bankruptcy can:
It’s not the end of your financial story—it’s the start of a new chapter.
Single parenting is hard enough. If debt is making it more challenging, asking for help is okay. Bankruptcy isn’t a failure—it’s a tool built into the system for people who need a way out.
It’s important to note that child support obligations are non‑dischargeable in bankruptcy. You can learn more about this on the NCSE’s official guidance on child support obligations and bankruptcy.
The Law Offices of Robert M. Geller understands what’s at stake for parents. They can help you explore your options and determine what makes sense for your family if you’re considering bankruptcy. It starts with a conversation, not a commitment.
You deserve a life with less stress and stability, for you and your kids. Contact us today to learn more.
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