Child Support and Bankruptcy

Overwhelming debt can force individuals into very difficult decisions. Fortunately, bankruptcy gives many people the opportunity to stop creditor harassment and relieve their financial burden. For some people, this comes through a Chapter 7 debt discharge, while others opt for a Chapter 13 repayment plan. However, not all debts can be addressed through a bankruptcy filing. 

Parents who owe past due child support cannot get direct relief within the bankruptcy process. Domestic support obligations, including alimony and child support, are considered priority debts under the Bankruptcy Code. When someone files for bankruptcy, whether under Chapter 7 or Chapter 13, child support remains unaffected, though establishing overall financial stability can make it much easier to pay what you owe to your co-parent. 

Chapter 7 bankruptcy allows for the discharge of certain unsecured debts, such as credit card debt and medical bills, providing a fresh financial start. Our firm offers comprehensive advice on what obligations can and cannot be discharged, so that you have true understanding as to what life after bankruptcy will be like. 

In a Chapter 13 bankruptcy, the filer creates a repayment plan to address debts over three to five years. Child support arrears can be included in the repayment plan, allowing the filer to catch up on missed payments over time. We can look at your income and other core expenses to construct a proposed budget that meets the needs of you and your children. 

Whatever path you choose, you should not overlook the enormous positive change that bankruptcy protection can provide. It is very difficult to be the person or parent you want to be when you’re constantly worried about angry calls from collectors or having property repossessed. Even if paying down past due child support takes several years, you’ll be able to do so in an orderly manner. Whether the specific relief involves the release of other debts or the inclusion of your child support payment in a reasonable monthly budget, bankruptcy might vastly improve your child support situation, as well as your relationship with your former partner.  

Jeff Field & Associates handles Chapter 7 and 13 bankruptcy proceedings for Georgia residents in all types of bankruptcy matters. We have offices in Douglasville, Gainesville, Bogart, Lawrenceville, Marietta and Decatur. Please call 404-381-1278 or contact us online to schedule a consultation.