Should I file to reduce child support arrears during Chapter 7 bankruptcy in CA?

Question

I am currently in a Chapter 7 bankruptcy in Northern California and have child support arrears. I was ordered to pay $50 monthly, but the arrears interest is $350 a month. My child is now 24 years old, and I owe $70,000 in interest. Should I file to reduce the arrears now, or wait until the bankruptcy is discharged?

Martha Warriner Jarrett · Answer

Bankruptcy will neither discharge nor reduce child support obligations.

Timothy Denison · Answer

No.  They are non dischargeable.

James L. Arrasmith · Answer

In your case, child support arrears, including interest, are generally not dischargeable in a Chapter 7 bankruptcy. This means that even though bankruptcy may eliminate other unsecured debts, the child support arrears will still be your responsibility. The interest of $350 per month is likely continuing to accrue and may be a burden even after the bankruptcy is discharged. 
 
You may want to consider filing a motion with the court to request a modification of the arrears or interest amount, especially given that your child is now 24. Some states allow for the modification of child support obligations or arrears, but it’s important to consult with your bankruptcy attorney to see if that’s an option and whether it would impact your bankruptcy case. 
 
Filing to reduce the arrears might not change your obligations immediately, but it could help reduce the financial burden moving forward. It may be a good idea to wait until your bankruptcy is discharged before pursuing this action, as it could impact your case. However, consult with a family law attorney to discuss the best course of action for reducing the arrears while you are in bankruptcy.

Q: Should I file to reduce child support arrears during Chapter 7 bankruptcy in CA?