Will Bankruptcy Clear Child Support?

Discover the impact of bankruptcy on child support obligations. Learn whether filing for bankruptcy can clear child support debts and the legal implications involved. Navigate the complexities with insights on the relationship between bankruptcy and child support

You may be thinking about bankruptcy if your child support payments are not up to par. Yes, bankruptcy can be a lifesaver. It allows you to get a fresh start without any financial obligations. Can bankruptcy remove your Florida child support obligations?

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What’s Child Support?

Bankruptcy is a legal process that provides individuals or businesses relief from overwhelming debt by restructuring their finances or liquidating assets. However, it’s essential to note that not all debts can be discharged through bankruptcy, and child support is one of the obligations that generally cannot be eliminated.

A child support is a payment of one parent makes to the other to cover the cost of raising their child. It is usually a monthly payment. Although child support is usually paid in cash, it can be supplemented or substituted with in-kind support in certain circumstances (e.g. providing housing, food or clothing). A court will usually order child support when parents divorce or separate. This is to ensure that the child receives the same financial support as before.

Types of Bankruptcy and Child Support:

There are different types of bankruptcy, including Chapter 7 and Chapter 13, each with its own implications for child support obligations.

Chapter 7 Bankruptcy:

Chapter 7 bankruptcy involves liquidating non-exempt assets to pay off creditors. While it may discharge certain debts, child support is generally not one of them. Filing for Chapter 7 may help eliminate other types of debts, allowing the individual to free up some income to meet ongoing child support obligations.

Chapter 13 Bankruptcy:

Chapter 13 bankruptcy involves creating a repayment plan to settle debts over a specified period, usually three to five years. Child support arrears, or past-due payments, must be included in the repayment plan. While Chapter 13 may not discharge the entire child support debt, it can help individuals catch up on overdue payments and maintain ongoing support.

Exceptions and Considerations:

While child support is typically non-dischargeable in bankruptcy, there can be exceptions in certain circumstances. For instance, if the child support obligation is part of a property settlement agreement rather than a court order, it may be treated differently in bankruptcy proceedings. However, such cases are highly dependent on specific legal details and should be discussed with a legal professional.

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What Happens to Past, Unpaid Child Support if You File for Bankruptcy?

Most or all of a person’s debts are forgiven when they file for bankruptcy. This means the person does not have to pay any money to creditors. There are exceptions to this rule. Past unpaid child support is one exception. Even if a person files bankruptcy, they are still responsible for any unpaid child support payments. Child support is a priority debt. This means that it is more important than any other type of debt.

Can Future Child Support Be Discharged in Bankruptcy?

This question can be answered simply by saying no. Future child support cannot go into bankruptcy. This is because child support is considered a priority debt. It is therefore more important than any other type of debt. Because children have a fundamental right under the law to be supported by their parents and that parent who owes them child support has a legal obligation to pay it, this is why it is considered top priority.

How Can You Get Help With Your Child Support Payments?

Under certain circumstances, Florida may allow you to request a modification to child support. Modifying child support can be done for a variety of reasons, including a change in income. A modification to the child support order may be possible if the income of the paying parent decreases. However, if the income of the paying parent increases, they might have to pay more child maintenance.

A “substantial change in circumstances” is a rule of thumb. This could refer to a change in the child’s needs, income, or time spent with each parent. When deciding whether to modify child support, the court will take into account all these factors.

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Contact a Florida Bankruptcy Attorney Now

To find out the impact of filing Bankruptcy in Florida on your child support payments, speak with an attorney at Bruner Wright. We are happy to answer any questions you may have about the impact of bankruptcy on your child support obligations. Also, we will help you figure out how to make it work so that it has minimal effect on your finances and relationships with your children.

If You Need Help About Your Bankruptcy Case, Call Our Law Firm Today

If you require assistance with your bankruptcy case, don’t hesitate to reach out to our law firm. Our team of experienced Jacksonville bankruptcy lawyers at Bruner Wright P.A. is here to help. Call us at 904.432.1200 for a free evaluation of your case. We can provide the guidance and support you need during this challenging time.

Will Bankruptcy Clear Child Support?