Back Child Support and Bankruptcy

December 14, 2016

Finding yourself with large amounts of back child support can be a difficult position.  Many people are desperate for a solution for paying their back child support. Bankruptcy can be a solution for back child support in certain situations. It is important to understand exactly what bankruptcy can and cannot do with back child support.

Chapter 7 bankruptcy cannot discharge back child support

Many people turn to Chapter 7 bankruptcy in hopes that it will get them some kind of relief from their difficult back child support situation. However, back child support cannot be discharged in chapter 7. Although Chapter 7 can still be of great assistance because it can discharge many other debts, any back child support amount will remain the same after you file your Chapter 7 case.

Chapter 7 coupled with a child support modification

In certain situations, Chapter 7 bankruptcy can eliminate other forms of debt in order to allow a person to focus on modifying and then repaying back child support obligations.  With heavy debt loads and aggressive collection, paying down a child support debt can sometimes be impossible.   By removing all other debts, the focus can turn entirely to reducing back child support amounts through a payment plan or modification.

Child-support modifications are essential in situations where a party is paying more child-support than what their income requires.  If a period of unemployment or a drop of income has occurred, you may need to seek a family law attorney to help you modify the amount you pay in child support.   Such a modification coupled with a Chapter 7 bankruptcy filing can be life-changing.  Such a combination can turn an impossible situation into a workable and much less stressful setup.  A setup you will be able to afford.  

Chapter 13 can assist in paying off back child support obligations

Chapter 13 can sometimes assist in paying off back child support obligations. Through the Chapter 13 case you can sometimes pay your back child support obligations through the Chapter 13 plan.  This gives workable format for the child support debt to be repaid.  All your debts (sometimes including the back child support) can be repaid through one monthly payment. 

By the end of the Chapter 13 case, the entirety of your back child support debt is required to be paid.  In addition, you must also have your current, ongoing child-support payments up-to-date by the end of the Chapter 13 plan.  Similar to Chapter 7 in how it alleviates your debt situation, Chapter 13 bankruptcy can also be used to powerfully restructure your debts to allow child support obligations fully paid off.

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