Can You Go Bankrupt On Child Support?
Some parents that are ordered to pay child support try to get out of paying it by filing bankruptcy. This leaves the question of: Can you go bankrupt on child support? Under the law filing Chapter 7 or 13 does not stop you from owing the debt and laws have been enacted to protect children and give them the support they deserve.
You cannot get this debt discharged. Although some debts that occur from a divorce may be. This is helpful to the custodial parent to make sure that they are getting financial help from the parent that is ordered and doesn’t give them a loophole to avoid it.
As a debt, child support does have a higher priority in being paid than other debts. No matter how much you have paid or owe on this, the full amount must be paid and you will be ordered to do so. This debt will be given consideration over others, when payment plans are made for those that are not discharged by bankruptcy.
As the parent that is expecting the support, you want to make sure that you have the list of assets, income, and other items that are offered to the court when they file bankruptcy. This can be used by you to collect the support from them, as well as being used to determine how much they owe.
If you are owed past due amounts on the child support, then you can also appear in their hearing to be able to tell the judge that they are behind. This can be useful in allowing you to be able to collect, and placing you on the list of that is exempt from collection processes. Part of the hearing is done to place a stay on collection, and any support issues are not included in this. Telling the court places you in a better position to be paid.
Property and assets that are exempt from creditors do not apply to support collections at all. This can be used to collect support in the future and the amounts that are owed to you right now.
The question of can you go bankrupt on child support is in a short answer no. There are procedures in place to protect you and your children. Those procedures allow you to collect your support without allowing the other parent let the amounts go unpaid or to be written off. You are entitled to support for your children no matter your financial status.