Many people who are struggling to make ends meet find themselves in a position where they must file for bankruptcy. But does bankruptcy clear child support arrears? This is often asked by those who are having difficulties in keeping up with their financial obligations to their children. So find out the answer to that question here.
- What Is Child Support Arrears?
- Does Bankruptcy Clear Child Support Arrears?
- How Will Chapter 13 Bankruptcy Help with Child Support Arrears?
- Do I Need to File Chapter 7 Instead?
What Is Child Support Arrears?
Child support is typically a regular payment that one parent makes to the other in order to provide for the child’s basic needs. In some cases, when one parent becomes financially distressed and can no longer make these payments, child support may become delinquent. When this happens, the court may order the non-paying party to pay child support arrears. This is different than child support that has been waived or stopped entirely.
Does Bankruptcy Clear Child Support Arrears?
Unfortunately, filing for bankruptcy does not eliminate your responsibility of paying child support arrears. Child support payments are usually considered a debt that must be paid regardless of whether or not a person files for bankruptcy. However, filing for bankruptcy will still be helpful in instances wherein the responsibility of giving financial support is overdue.
The following are enough reasons to still file for bankruptcy even if it does not completely eliminate child support:
- Seeking legal assistance from a bankruptcy attorney will help you clarify any possible accounting issues.
- The court can also set up an assembly to discuss your scope of obligations before you file for bankruptcy.
- Although bankruptcy will not clear child support arrears, it will still help in getting rid of your other creditors.
- This way, you will only be left with one financial obligation and that is fulfilling your duty in paying child support arrears.
In other words, bankruptcy will still enable you to manage your finances and help you be debt-free eventually. So to answer any questions you might have about the bankruptcy process, get expert help from Limbocker Law Firm.
How Will Chapter 13 Bankruptcy Help with Child Support Arrears?
Filing for bankruptcy will not erase the fact that you have child support arrears to pay. However, with the help of the bankruptcy law consumer chapters, it will be more possible to fulfill your financial obligations.
The Chapter 13 bankruptcy will give you the option that allows you to have a payment schedule to follow based on your income. This repayment plan enables you to pay for your obligation on a monthly basis. However, it is a must for your child support arrears to be fully paid within the assigned repayment period.
Do I Need to File Chapter 7 Instead?
The same with Chapter 13, filing for Chapter 7 will not have any effect on completely eliminating child support. In fact, filing for Chapter 7 will not have a huge impact on this kind of obligation. In other words, child support obligation is also not dischargeable under this type of bankruptcy.
Get Expert Help from the Comfort of Your Home
If you are having trouble making your child support payments, it is important to seek legal assistance. An attorney can help you determine whether or not your child support arrears will prevent you from obtaining a discharge in bankruptcy.
The Limbocker Law Firm has helped over a thousand individuals with bankruptcy issues so there is no reason we can’t help you. We proudly serve all counties in Northern Georgia as well as all Atlanta Metro counties.
Does bankruptcy clear child support arrears? Do you need a bankruptcy attorney? Then schedule your free video consultation today! By scheduling a video consultation, you will usually find out your bankruptcy options in under 15 minutes.