' How Will Bankruptcy Affect My Child Support Obligations? - Law Offices of Robert M. Geller, P.A.
CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

How Will Bankruptcy Affect My Child Support Obligations?

how will bankruptcy affect my child support obligationsParenting can be tough, and it’s even harder when you’re facing financial difficulties. Struggling with debt and bankruptcy can cause significant stress and anxiety, which can impact your ability to provide for your child. Regardless of the reason for your financial struggles, one question that may be troubling you is what will happen to your child support obligations during a bankruptcy filing.

What should you know about how bankruptcy affects child support obligations and what do you need to know to ensure that your child support payments are still being fulfilled?

Bankruptcy Won’t Discharge Child Support Obligations

Filing for bankruptcy won’t absolve you from paying child support. Even though bankruptcy is designed to eliminate your debts, child support is a legal obligation that cannot be discharged. In other words, the court will not forgive you for paying your child support even if you have filed for bankruptcy. You must ensure that your child support payments are still being made on time, regardless of your financial situation.

Chapter 7 vs. Chapter 13 Bankruptcy

The type of bankruptcy you file for will determine the impact it has on your child support obligations. Chapter 7 is a liquidation bankruptcy where your assets are sold to pay off your debts. If you have significant debt and little to no income, filing for Chapter 7 may be the best option for you. However, since child support isn’t dischargeable, it will take priority over other debts you owe.

On the other hand, Chapter 13 bankruptcy allows you to reorganize your debts and create a repayment plan over three to five years. This type of bankruptcy may be more manageable for parents who have ongoing child support obligations as it allows them to keep their assets while still fulfilling their legal obligations.

Automatic Stay and Child Support Obligations

When you file for bankruptcy, an automatic stay goes into effect, preventing creditors from collecting debts. This includes child support. However, you still have a legal obligation to pay any outstanding child support you owe. The stay only temporarily prevents any further actions to collect any outstanding child support debt while your case is pending.

Seek Legal Help

Navigating bankruptcy while still fulfilling child support obligations can be complicated. This is particularly true if you are unsure of your rights and obligations. Consulting with a lawyer who specializes in bankruptcy law is the best course of action. An attorney can help you understand your legal rights and obligations. They’ll guide you through the bankruptcy process to ensure that your child support payments continue to be fulfilled.

Bankruptcy can impact your child support obligations. However, the legal obligation to pay will not be eliminated, regardless of the type of bankruptcy you file. It’s essential to remain current with your payments and seek legal help to ensure that your obligations are still being fulfilled during the bankruptcy process. Your child’s well-being should always be your top priority. Fulfilling your child support obligations is just one step to ensuring that they are taken care of.

For more information about bankruptcy, contact the Law Offices of Robert M. Geller at (813) 254-5696 to schedule a free consultation with an experienced attorney.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

Can Bankruptcy Stop Foreclosure?

Many people face the distressing prospect of foreclosure on their homes. If you find yourself in this situation, it's crucial...
Read More

How Much Does It Cost to File Bankruptcy in Florida?

Financial challenges can be overwhelming. For many individuals, bankruptcy becomes a viable option for a fresh start. Many clients are...
Read More

How to Get Out of Debt: Exploring Your Options

Debt is a pervasive issue that affects millions of people worldwide. It is hard to escape debt, especially if you...
Read More

How Will Bankruptcy Affect My Child Support Obligations?

Parenting can be tough, and it's even harder when you're facing financial difficulties. Struggling with debt and bankruptcy can cause...
Read More

Student Loans: Is Discharge in Bankruptcy Possible?

Student loans have become a necessary evil for most students to pursue higher education. The cost of education has increased...
Read More

Should I File Bankruptcy for Credit Card Debt?

Credit card debt can be a huge burden on our financial lives. The pressure to make payments, maintain balances, and...
Read More

Can Bankruptcy Stop Wage Garnishment?

Wage garnishment is a legal process in which a creditor can collect a debt by receiving a court order that...
Read More

Bankruptcy Guide: How It Works, Types, and Consequences

Dealing with money problems can be a stressful and overwhelming experience. Sometimes, debt can become unmanageable, and it may feel...
Read More

What to Say to Someone Going through Financial Problems

Financial problems can be one of the most stressful experiences a person can go through. If you know someone who...
Read More

How Do People Get Into Debt?

How do people get into debt? Are you struggling with debt? Do you feel like the weight of your financial...
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

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