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What Happens to Child Support Debt in Bankruptcy?


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TERMINOLOGY

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.