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Does bankruptcy mean you do not have to pay child support?

On Behalf of | Oct 23, 2016 | Child Support |

Child support cases are complex and can be difficult to comprehend. Children are the legal responsibility of both parents, and the law is strict towards parents who refuse to pay child support. Generally, courts do not relieve parents from child support even in severe cases. Bankruptcy is a special case, and it is important to understand child support laws regarding bankruptcy if you are planning to file.

In most cases, filing for bankruptcy does not dissolve your child support payment duties. Filing does not mean that you can get the terms of your child support agreement changed. If you stop paying child support after filing for bankruptcy, the state will enforce the responsibilities using different methods.

If you have missed child support payments while filing for bankruptcy, your payments will keep accumulating as back pay. You will have to make all payments unless your child support agreement has changed. However, you have the right to file a motion to change different clauses in your child support agreement. You are required to keep paying the original amount till the case is solved, and the judge agrees to change certain details in the agreement.

The most common types of personal bankruptcies are Chapter 7 and Chapter 13 bankruptcy. If you file for one of these, it does not wipe away any child support and the state will force you to pay the required amount.

If you are considering filing for bankruptcy because of your child support payments, it is advisable to discuss your situation with an attorney before taking any further steps. The attorney will evaluate your position and help you file for bankruptcy if required.




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