Boston Bankruptcy Attorney

Child Support and Bankruptcy

In the current economic situation and with the number of divorces that happen on a yearly basis, it is important to understand the impact of bankruptcy on child support payments. If a person is considering filing for bankruptcy that owes child support every month, he or she may want to know how bankruptcy will affect child support duties. At the same time, individuals who receive child support payments may be curious to know what will happen if the parent paying child support files for bankruptcy.

In the event that the parent paying child support files for bankruptcy, his or her child support payments usually cannot be discharged with a bankruptcy proceeding. This means that a parent who owes child support cannot escape his or her duty to the child by filing bankruptcies. In addition, bankruptcies do not delay, stay, or hold actions that are in the process of establishing paternity or on actions to modify child support obligations.

In addition to not eliminating the obligation to pay child support, bankruptcy doesn’t cancel out child support payments that are in arrears, or back child support. A parent that owes child support for previous months does not get to escape his or her obligation by filing for bankruptcy.

There are also specific rules about what debts relating to a child can be discharged. Generally, debts "in the nature of support" for a child are debts that are incurred that relate to a child’s welfare and upbringing. They do not relate to the debts arising directly from owed child support payments. Debts that are "in the nature of support" for a child cannot be discharged by bankruptcy.

Contact a Boston Bankruptcy Lawyer

To learn more about the intricate relationship between bankruptcy and child support, contact the Boston bankruptcy lawyers of Joshua Spirn & Associates at 1-800-975-5346.