If you or your ex is filing for bankruptcy, you may be concerned with how the bankruptcy will affect child support payments. Child support payments and obligations will not be paused or excused if bankruptcy proceedings are initiated. The law views child support payments as a critical obligation and will not let parents escape their obligations to provide for their children.
Two Types of Bankruptcy
There are two types of bankruptcy for which individuals can file: Chapter 7 bankruptcy and Chapter 13 bankruptcy. Chapter 7 bankruptcy wipes out your debt by selling certain assets to pay creditors and canceling the rest of your debt.
Chapter 13 bankruptcy, however, does not wipe out your debt. Rather, Chapter 13 bankruptcy reorganizes your debt and schedules payments. You will repay all or part of your debt based on your income.
Effect on Child Support Payments
Neither type of bankruptcy relieves child support obligations. Parents must continue to make child support payments throughout bankruptcy proceedings. Bankruptcy typically allows parents to make up back child support because bankruptcy relieves other debts that the parent would normally have to pay.
Child support is considered a priority debt, and you must be current on all child support in order to receive a discharge from bankruptcy.
Considering a Child Support Modification
If you are going through bankruptcy, it may be possible to get your child support obligation recalculated. To get a modification, you must demonstrate a material change in circumstances to your income.
For example, if you have a new job that pays less than the job you had when child support was calculated, you can demonstrate a change in material circumstance. If you do not have a material change in circumstances, then you cannot get a child support modification.
Additionally, obtaining a modification may not be possible until after bankruptcy proceedings have ended.
Contact a San Jose Child Support Attorney
Child support is important to the well-being of your children. Therefore, if you have any child support questions or issues, they should be resolved as quickly as possible.
A change in child support will only be made back to the date in which a filing with the court was made. The longer you wait to address child support issues, the longer you will live without results.
Contact an experienced and proven San Jose, CA family law attorney at Dominion Law Group, LLP today at 408-288-5592 to schedule your initial consultation.
Source:
http://www.fathersunite.org/ChildSupport/Bankruptcy_meets_divorce_support.html
