Can Alimony Or Child Support Payments Be Discharged In A Bankruptcy?
Alimony and child support get special protection under bankruptcy law. The children shouldn’t suffer because people are filing bankruptcy or your ex should not have suffered because you filed a bankruptcy. This special section of the bankruptcy code protects alimony and child support from being wiped out.
Does Accumulation Of Past Due Alimony Or Child Support Payments Affect A Chapter 7 Or Chapter 13 Bankruptcy?
In Chapter 7 Bankruptcy, the back child support can either be a debt or an asset. It’s fairly common to have someone who is owed several thousand dollars in back child support. That is then actually an asset to them. The good news is that this asset can be exempt or protected in a bankruptcy. Therefore, if you’re entitled to a large back child support or alimony, that money will not be available to your creditors. By the same token, if you owe large amount of child support or alimony, that would not be discharged in Chapter 7 Bankruptcy either.
In Chapter 13 Bankruptcy, if you are entitled to receive a large amount of back child support or alimony, an attorney can exempt it and protect it as well, so it wouldn’t really affect this type of bankruptcy. However, it is the same here, that if you owe child support or alimony and you file Chapter 13 Bankruptcy, those back payments will have to get paid first.
Many times you’re going to have to pay a bankruptcy attorney in full before he’ll file a Chapter 13 Bankruptcy on your behalf. Because of this, if you owe child support or alimony, you may have trouble finding a lawyer to take your case. The law was recently changed and they made the child support super priority so they actually get paid before attorneys do.
Many times, the back child support payments are very minimal. If you were to pay it in a Chapter 13 bankruptcy, it would be several hundred dollars a month. If you have an arrangement to some kind of payment plan set up with the local child support enforcement authorities for back child support, you may be able to pay that outside of your bankruptcy.
What Information Would Have To Be Provided About Support Obligations When Filing A Bankruptcy?
When you file a bankruptcy, you must list all of your assets and everyone you owe money to. Alimony and child support is a debt where you owe money to someone. Therefore, you are going to need to provide all of that information to your bankruptcy attorney and also to the bankruptcy court. It’s actually a form that we fill out. If you owe child support, you disclose all that and then the bankruptcy court will send a notice out to the recipient of the child support or alimony and let them know that you’re in a bankruptcy. All that must be disclosed to the bankruptcy court.
If you are Planning To File For Bankruptcy And Are Worried About Alimony And Child Support, call the law office of Attorney James Logan for a free initial consultation at (855) 4MD-BANK and get the information and legal answers you’re seeking.