Q: Can an adversary action be filed during chapter 7 bankruptcy to discharge child support arrears? All kids 19 and over.
Its all back support and compounded interest. My youngest is 19 or 20. The mother of children did not live with the kids, they lived with there grandparents who are deceased now.
A: Yes, it can be filed during the chapter 7 proceeding.
1 user found this answer helpful
A:
In this rare instance, I disagree with my colleague.
Many bankruptcy courts have held that support obligations are exclusively the province of the State domestic relations court and consequently decline to exercise jurisdiction over support payments.
Moreover, it is often held that support payments, unlike property division payments, are not dischargeable.
Timothy Denison agrees with this answer
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A:
In Chapter 7 bankruptcy, child support arrears generally cannot be discharged, even if all the children are now adults. Child support obligations, including back support and any accumulated interest, are considered priority debts under bankruptcy law. These debts must still be paid in full after the bankruptcy process is complete.
The fact that the children lived with their grandparents or that their mother was not involved does not change the legal obligation to pay child support. Bankruptcy law treats child support as a responsibility to the children, not to the person who had custody.
If you're struggling with child support payments or the interest that has built up, you might need to explore other legal options, like modifying the terms through the family court or negotiating a payment plan.
Timothy Denison agrees with this answer
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