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If I File for Bankruptcy, Do I Still Have to Pay Child Support?

Posted By Cairns Law Offices || 10-Mar-2014

There are certain types of debts that are not eligible for discharge through bankruptcy. Child support is one of those debts. Congress has dictated that child support be classified as a priority debt, which means that it takes precedence over other types of financial obligations. Child support payment agreements cannot be renegotiated or modified through the bankruptcy process. It does not matter whether you file for Chapter 7 or Chapter 13 bankruptcy, you will still be legally required to make your court-ordered child support payments and catch up on any past due payments. There are a few benefits in filing for a Chapter 13 bankruptcy versus Chapter 7, as any past due child support payments will be included in your repayment plan so that you can get them paid off with the standard 3-5 year period.

With priority being given to child support payments, you will not have to pay as much to discharge other unsecured debt. Chapter 13 will also give you a little more legal protection in that, providing you keep up with your repayment plan and continue to fulfill your current child support agreements, the bankruptcy court will be unlikely to approve any other legal collection actions outside of the bankruptcy. Filling for either type of bankruptcy can make it so that an individual is better able to keep up with child support payments as once other debts are eliminated or paid off, additional disposable income will become available.

If you are considering filing for bankruptcy as you are having trouble keeping up with child support payments, or you are supposed to be receiving child support payments from an individual who is looking to file, our firm is here to help. We have skilled divorce attorneys available to answer any questions you may have and to provide you with a free legal consultation. We are an internet-based law firm that provides representation in all types of divorce and divorce-related cases. Our attorneys strongly believe that you should have immediate access to the information, documentation and paperwork you require. We live in a digital world, so there is no reason that you should have to wait for legal service when we are here and ready to provide you with the assistance you need.

Cairns Law Offices has received an A+ accreditation from the Better Business Bureau®, our lead attorney has a 6.8 Good Rating on Avvo, and we have a long track record of helping clients attain the positive results they desire. If your child support agreement or the terms of your marital settlement agreement are giving you cause to consider filing for bankruptcy, contact a Pennsylvania uncontested divorce attorney at our firm today so that we can review your situation and help you determine how to proceed.

Categories: Child Support