Huntsville, AL asked in Bankruptcy and Child Support for Alabama

Q: Can declaring bankruptcy do away with back child support? It is over $50,000.

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3 Lawyer Answers
David Earl Phillips
David Earl Phillips
Answered
  • Bankruptcy Lawyer
  • Nashville, TN

A: No. Bankruptcy will not get rid of child support. Child support is specifically excepted from discharge in a bankruptcy case. You can pay child support in a chapter 13 plan in some cases, so that might help. See a bankruptcy lawyer near you to see what options you may have available. Good luck!

Kevin M Ryan
Kevin M Ryan
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Mobile, AL
  • Licensed in Alabama

A: Child support is a claim that cannot be discharged in Ch 7 or Chapter 13 bankruptcy, the most common "consumer " bankruptcy cases. In Chapter 13, the claim must be paid in full as a priority debt if the support is owed directly to the other parent or guardian Obligee under the child support order. There is some flexibility in paying child support in a Ch 13 plan when owed to the child support agency itself (such as for reimbursement of medicaid or welfare payments to the other parent). If the child support agency agrees in that instance, part of the amount can be deferred or paid after discharge, or reduced by agreement or settlement. If there is a child support judgment claim, the interest can be deferred by agreement to be due and owing after the Ch 13 case is concluded. In summary, for the most part, child support claims are not dischargeable in bankruptcy, and in Chapter 13 you have to figure out a way to pay the arrears within the confines of a 60 month Plan, or it is not feasible.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: No. Domestic support obligations are non-dischargeable in bankruptcy.

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