What are the rules for filing bankruptcy if your spouse owes back child support?

The federal bankruptcy laws view certain debts as “non-dischargeable” and are not wiped out when filing for bankruptcy protection.  These include:

• Child support, alimony and other debts in nature of support (such as medical care for the children)
• Student loans (unless it can be proven that paying these would be an undue hardship)
• Fines or penalties for violating the law
• Debts for personal injury or death caused by driving while under the influence of drugs or alcohol
• Most federal, state and local taxes
• Any debts not listed on your bankruptcy petition

If your spouse owes back child support to his ex-wife, she can petition the family court to increase the support order.  Money that might be paid toward other debts can be freed up to pay the arrearages.  The family court will view your spouse’s financial situation as being improved by filing bankruptcy.  You should contact an attorney who specializes in bankruptcy law before making any decisions.

Talk to a Bankruptcy Lawyer if you're considering filing for bankrutpcy. It's important to plan ahead to maximize the debt discharged while protecting your assets.