if i file for bankruptcy will that take care of child support?
if my husband files for bankruptcy will he still owe past child support? right now he owes about 4,000 in back child support and we were wondering if we file for it if we will have to pay it still? and how much do u have to be in debt to file for it any way?
Filing for bankruptcy protection does not allow you to discharge past due child support obligations. Any back payments owed for child support cannot be discharged in a bankruptcy proceeding. The automatic stay does not apply to child support collection efforts.
Under the post-October 17, 2005 rules, domestic support obligations are top priority in a Chapter 7 "asset case", where there are funds to pay creditors. The debtor should file a proof of claim to have most of his or her liquidated estate used to pay off the child support obgliation.
In a Chapter 13 case, your back child support payments will be paid through your Chapter 13 plan, in addition to the regular payments due after the petition date. These support obligations must be current in order to have your Chapter 13 plan confirmed. Moreover, to obtain a discharge in a Chapter 13 case, the debtor will have to certify that all post-petition child support obligations have been met.
But in my not-so-humble-opinion, any one looking to avoid taking care of his children is already bankrupt – morally.
August 29th, 2010 at 9:54 pmyou will have to pay that. Why in theworld would you not support a child?
August 29th, 2010 at 9:54 pmBankruptcy does not wipe out a debt for back child support, nor should it. The child still needs food and clothing regardless of the financial situation.
August 29th, 2010 at 9:54 pmSorry, he can’t get out of his moral and legal obligation to support his child. How sad, he will have to take responsibility for the child he helped bring into the world. And we taxpayers won’t!! lol
http://family-law.freeadvice.com/child_support/child_support_bankruptcy.htm
(How in the world do people sink to this level?)
August 29th, 2010 at 9:54 pmhe will still owe the money. most taxes (state/federal), child/spousal support and student loans are not dischargable.
i would consult an atty to decide if you qualify for chapter 7 or chapter 13.
not to be rude or anything, but why does you husband not want to take responsibility for his children? sounds like a cop-out to me.
August 29th, 2010 at 9:54 pmHey deadbeat, Grow up…You chose to have your kids, they didn’t ask to be born. They deserve clothing, food, education, shelter, and love. How will you feel when they ask you later why you didn’t help them? You are not only denying them what YOU owe them you are risking their relationship with you. Even if your husband’s ex makes good money you still owe your children more. You knew your husband had kids when you married him so you should accept responsibility as well. I know so many women who struggle because of a Dad that is not helping with the cost of raising the kids that he fathered.
August 29th, 2010 at 9:54 pmBankruptcy laws vary by state, so however much you need in debt will depend on what state you are in. In OH they look at your income & not your debt. If you (& your spouse) make less than x amount for your area you qualify to file for bankruptcy, so even in OH it vary’s by city. So finding out if you can even file depends on where you live. HOWEVER, child support is NEVER counted in a bankruptcy. It does not matter where you live, you cannot include child support in your bankruptcy. You will have to tell them about it, & list it as a non-dischargable debt, so that if any of your assests are liquidated, the child support gets first crack at the money from it, but it will not be gotten rid of just because you filed bankruptcy.
August 29th, 2010 at 9:54 pmBankruptcy does not wipe out past support; in fact, they can garnish his check if doesn’t pay it.
August 29th, 2010 at 9:54 pmThere is nowhere that will allow child support debt to be discharged through bankruptcy.
Only $4000? Payment arrangements can be made predicated on current income.
Bankruptcy will mean that all current loans, car insurance and any other card rates (including debit) will go up far more than a measly 4000.
If that is basically your only debt the court won’t grant it anyway.
August 29th, 2010 at 9:54 pmChild support is NOT subject to bankruptcy.
August 29th, 2010 at 9:54 pm