Is bankruptcy an option for me if I'm behind on my child support payments?
Being behind on your child support will not prevent you from filing for bankruptcy; however, you should know that bankruptcy is not a means of avoiding child support. Bankruptcy law classifies child support, alimony, and other domestic support obligations as priority debts. Priority debts are the special class of financial responsibilities that lawmakers concluded were too important to let debtors walk away from. Domestic support obligations rank number one among other priority debts, such as certain types of judgments, taxes, and student loans.
While bankruptcy doesn't represent an escape from child support payments, it can represent a means of both getting out of debt and getting caught up on your child support arrearages (i.e. the amount you’re behind).
Chapter 13 bankruptcy allows you to put your child support arrearages into a three to five year payment plan. To qualify for Chapter 13, however, you must have regular income. You must also be able to show the bankruptcy court that you can maintain your regular monthly child support payments plus the Chapter 13 plan payment. Let's say, for example, you're now back to work after being unemployed for one year. If you didn’t make your $400 per month child support payment during the year you were out of work, then you owe approximately $4800 in arrearages. Depending upon the amount of other debts you include in your Chapter 13 plan, your Chapter 13 plan payment could be between approximately $80 and $134. In such a case, you would have to consistently pay your $400 monthly child support payment plus the $80 to $134 your Chapter 13 plan requires.
At the end of three to five years, you could potentially be debt free and completely caught up on your child support payments.
LEGAL DISCLAIMER: This blog’s content is not legal advice and does not create an attorney-client relationship. All information posted on this blog is intended to provide general information to the general public and not to any specific individual. If you require legal advice, please consult an attorney licensed to practice in your state. Ms. Seaborn is licensed to practice law in Georgia
