Child support obligations can’t be wiped out in bankruptcy
For a parent who is receiving child support, the surety of the payments coming can make or break the home. These parents usually rely on child support payments to meet a child’s needs. For the parents who are paying, it is crucial to plan for these deductions to be made so that the paying parent can still survive. There are some instances in which people might be a bit confused with how child support payments are handled. Bankruptcy cases are one of those times.
When a parent who is paying child support files for bankruptcy, the child support payments will almost always continue. That is because child support payments, including past due payments, aren’t something that is allowed to be included in a bankruptcy case.
Interestingly, the wording regarding bankruptcy filings says that debts classified as “in nature of support” can’t be included. That can mean that a parent can’t include medical bills for the child in the bankruptcy filing because those would be considered “in nature of support.”
Typically, a parent who owes back child support wouldn’t be able to have that debt wiped out at all. This is one reason why parents who are paying child support should take immediate action if they find out that they aren’t able to pay child support as ordered. This could be the case if the parent loses his or her job or gets a pay cut.
For the parent who is receiving the child support, finding out how to have child support orders enforced could be the primary concern. Learning about the options that you have is important so that you can take appropriate action.
Source: FindLaw, “Child Support and Bankruptcy,” accessed Nov. 01, 2016