Explore the Mortgage101 Library
Check Local Mortgage Rates
Loan Program Choices
Use our calculator to find out your estimated monthly payment in advance: Enter the loan amount, interest rate, and length of mortgage.
Try our Mortgage Payment Calculator
Child support debt is normally not able to be discharged if the responsible party files for bankruptcy. This applies to any back child support that is past due, and all support that is due in the future.
Child Support and Bankruptcy
Child support payments are of the utmost priority per bankruptcy law. If you are divorced from your spouse, the divorce documents need to state that your former spouse is responsible for a specific amount of child support payments each month. This way there is no loophole for your former spouse to use as a claim that the child support payments should be included in the bankruptcy filing.
You must also not assign the child support to another party if your former spouse fails to pay before they file for bankruptcy. If you receive support from another family member in return for the assignment of support, your former spouse may be able to have both their past due and future obligations discharged by the bankruptcy court.
If you are an ex-spouse who is unable to collect past due child support payments from a bankrupt former spouse, contact your attorney and have them file a complaint so you can rectify the situation.
- Should You Refinance? Make Sure the Timing is Right
- Short Selling a Rental Property
- Appraisal Basics
- 3 Common Short Sale Mistakes
- 3 Reasons Banks Reject Short Sales
- How to Get Approved for an FHA Loan despite Bad Credit
- Alternatives to Getting a 2nd Mortgage
- What To Do When Mortgages Default
- Low Down Payment Loan Qualification