How Will Bankruptcy Affect My Child Support Obligations?

If you are considering filing for bankruptcy, you may be wondering how it will affect your child support obligations. While bankruptcy can discharge some types of debt, it does not eliminate child support payments. In fact, failure to pay child support is a federal offense. If you are struggling to make your child support payments, there are some options available to you. You can work with the other parent to modify the payment amount, or you can request a hardship modification from the court. Filing for bankruptcy should not be your first option, but it may be an option if you have exhausted all other avenues.


Bankruptcy will not automatically discharge your child support obligations


When filing for bankruptcy, parents often find themselves confused and overwhelmed by their newfound financial circumstances. It is especially important to understand that even though bankruptcy may help reduce or eliminate debt, it will not necessarily absolve you of your child support obligation. This legally binding agreement binds both parties irregardless of a debtor’s current financial status – money owed through child support must still be repaid in full. Of course, filing for bankruptcy does change the mechanics of paying back what’s owed, allowing for better monthly payment plans and more gradual repayment options for clients who can demonstrate an inability to pay on time due to financial hardship. Ultimately, these details are decided on a case-by-case basis – so those needing clarification should consider speaking with a lawyer regarding the specifics of their financial situation.


You may be able to negotiate a lower payment


When making child support payments, you may have more flexibility than you think. After all, a lower payment amount could be beneficial for both parties involved. If you are struggling to make the payments, or your ex-spouse is having trouble covering their portion of the costs, it can be worthwhile to talk about what your options are. It is important to remember that changing the original support agreement should gain approval from the court so that it holds legal standing. When successfully negotiated, finding a more reasonable and mutually beneficial payment option can be relieving for everyone involved.


If you are behind on payments, filing for bankruptcy may help you catch up


When you are in a difficult financial situation and it seems like you are far behind on payments, filing for bankruptcy may be an option worth considering. Bankruptcy can relieve some of the strain caused by lots of debt, giving you breathing room to make manageable payments over time to catch up. Additionally, many forms of bankruptcy as the ones that are thoroughly explained at offer protection from creditors and legal exemptions that will help you keep more valuable assets. It’s important to remember, though, that filing for bankruptcy is best considered as a last resort since it doesn’t fit everyone’s financial circumstances and comes with unique challenges that should be taken into account. Overall, understanding all the implications before taking such a big step is key to making sure it works out positively in the end.


Be sure to speak with an attorney


When it comes to matters that involve both bankruptcy and child support, you want to make sure that you are taking a careful and well-informed approach. To ensure that this is the case, it is absolutely essential to consult with an experienced attorney who will be able to provide you with expert legal advice for your individual situation. Such an attorney can help to ensure that any decisions you make regarding bankruptcy and child support are based not only on the relevant governing laws but also on sound legal principles. Speaking with an attorney before making any decisions will ultimately save you time and money in the long run.


Bankruptcy can be a scary word, but it doesn’t have to be. If you are struggling to make your child support payments, filing for bankruptcy may help you get caught up. However, it is important to speak with an attorney before making any decisions so that you understand the ramifications of bankruptcy on your child support obligations. There are many factors to consider when deciding whether or not to file for bankruptcy and each situation is unique. Contact us today if you want more information about how bankruptcy could help you with your child support payments.


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