Will Chapter 13 Bankruptcy Cancel Out Child Support Debt?

When a parent owes child support payments and he or she is behind on those payments, there are a wide array of consequences that he or she may face. In many cases, being behind on child support payments also means that the person in question is behind on a wide array of additional payments, and not simply ignoring child support payments specifically. If you find yourself in a situation where you cannot make child support payments and other payments because you are in a significant amount of debt, there is a very good chance that you are now seeking relief. Fortunately, Chapter 13 bankruptcy may help you get your finances in order and get yourself back afloat. Here are some of the questions you may have for our Rockland County bankruptcy attorney:

Will Chapter 13 bankruptcy help me catch up on missed child support payments?

When someone files Chapter 13 bankruptcy, it will trigger an automatic stay on your assets, meaning that you will get to keep your home and many other assets. Additionally, Chapter 13 bankruptcy gives debtors the opportunity to restructure their debt and create a payment plan that works best for them. This plan is generally executed over the course of either 3 or 5 years. By successfully completing this plan, your finances should be back on track, you should no longer be in debt, and you should also be able to catch up on any owed child support payments.

Can I stop paying child support if I file for bankruptcy?

No. There are two types of debt when it comes to filing for bankruptcy: dischargeable and non-dischargeable debts. Dischargeable debts are debts that will essentially be wiped away, such as credit card debt. However, various debts are considered non-dischargeable debts, such as most liens, money owed to another party from a lawsuit, and child support, among others. This means that though filing for bankruptcy may give you the opportunity to catch up on child support payments and avoid the penalties for failing to make those payments, it cannot cancel out your child support payments altogether. The only way child support can be canceled is if you and the other child’s parent, or you and a judge can agree that child support should be terminated. If you have any additional questions, give our firm a call today.

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.