If you are someone who is behind on his or her child support payments, you most likely understand how overwhelming this financial burden can be. Fortunately, there may be a way for you to catch up on those payments while keeping your home, car, and other assets that are of great value to you. Please read on and reach out to our experienced New York bankruptcy attorney to learn more about how our firm can help you through the legal process going forward. Here are some of the questions you may have:
Can I file Chapter 13 bankruptcy to catch up on child support?
There are several benefits to Chapter 13, especially if you are someone who is far behind on their child support payments. Though Chapter 7 is a more straightforward, and often cheaper process, if you are way behind on payments, it is most likely not the best option for you. That being said, Chapter 13, on the other hand, offers several very real and useful benefits. For example, Chapter 13 immediately halts the collection of all unpaid child support or alimony. Additionally, Chapter 13 is also very useful in that is allows individuals to restructure their debt and payments of that debt rather flexibly and safely, which Chapter 7 does not.
Does Chapter 13 halt the collection of unpaid child support?
One of the most common questions we are asked is whether filing bankruptcy can stop child support payments forever. The answer, simply, is no. Child support payments are known as “non-dischargeable” debts, meaning that they cannot be discharged through bankruptcy. In fact, child support may only end if the family court decides so, or if your child reaches adulthood in the eyes of the court.
However, that being said, Chapter 13 bankruptcy does allow you to rearrange your payments via a 3-5 year plan. Simply put, this means that the moment you file for Chapter 13 bankruptcy, there will be an “automatic stay,” which, in effect, blocks creditors from all collection activities, throughout the remainder of that 3-to-5-year period. If this sounds like something that works for you, you know where to turn–the Law Offices of Allen A. Kolber, Esq. are here to help you through the legal process, every step of the way.
Contact our experienced New York firm
Bankruptcy, for many people, is a frightening endeavor. Fortunately, with the help of an experienced attorney, it does not have to be. If you require the services of an experienced Business Law or Bankruptcy attorney, contact the Law Offices of Allen A. Kolber, Esq. today to schedule a consultation and discuss your options. We will have your back every step of the way.