Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Can you ever get back child support discharged in bankruptcy?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
There are many types of debts that bankruptcy can help with, from credit card debts to personal loan debts. However, child support is not one of the types of debt that bankruptcy can help you with. Thus, if the debt you are dealing with is unpaid child support debt, you need to understand the rules for child support and bankruptcy and you need to understand that bankruptcy is not going to provide you with relief.
Child support is considered to be a fundamental right of the child and it is considered to be strongly in the public interest for a parent to support his or her child. As such, child support- as well as any other court ordered support obligations- are not dischargeable through a filing of bankruptcy.
If you really cannot pay your back child support, you need to go to the family court and you need to work out a repayment plan for it. Unpaid child support debt can lead to a whole host of problems, from having your drivers license taken away to having your wages garnished. You could even face criminal action as a result of unpaid child support in some states.
Since bankruptcy won't help you to deal with your back child support, you should strongly consider talking to a lawyer. An attorney can help you to identify what your options for dealing with the problem may be and can help you to take steps to figure out a solution that works so you aren't in violation of the law and in danger of legal sanctions.
References: