If I File for Bankruptcy, Can I Stop Paying Child Support?

If you cannot make child support payments because you are in a significant debt amount of debt, you may be seeking relief. If you have found yourself in this situation, you may be wondering about filing Chapter 13 bankruptcy and the effects it may have on your child support payments. To learn more about filing for bankruptcy, continue reading and contact our experienced Rockland County bankruptcy attorney. Our legal team is prepared to assist you with any of your bankruptcy needs.

Can Chapter 13 bankruptcy help me to catch up on missed payments?

An automatic stay will be put into place after filing chapter 13 bankruptcy. This means that you will be able to keep many of your assets and your home once the automatic stay is triggered after filing. This gives you the chance to restructure your debt and create a payment plan. This plan is generally executed over three to five years. Filing for Chapter 13 bankruptcy should give you the opportunity to get your finances back on track. As a result, you should be able to catch up on any owed child support payments.

If I file for bankruptcy, can I stop paying child support?

When filing for bankruptcy, it is important to understand the two types of debt: dischargeable and non-dischargeable debts:

  • Dischargeable debts: Debts that will essentially be removed. An example of dischargeable debt is credit card debt. 
  • Non-dischargeable debts: Various other debts are considered non-dischargeable debts including most liens, money owed to another party from a lawsuit, child support, and other debts.

You may be able to catch up on child support payments and avoid the penalties that come with failing to make these payments by filing for bankruptcy. 

However, it is crucial to understand that filing for bankruptcy cannot cancel out your child support payments altogether. If you and a judge, or you and the other child’s parent, can agree that child support can be terminated, only in these scenarios can child support be canceled. 

If you have any further questions about filing for bankruptcy and how this may impact your life circumstances, give our experienced Rockland County bankruptcy attorney a call today. We are prepared to assist you when you are ready. Contact our firm to schedule your initial consultation with our team.

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.