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C is for Child Support

C is for Child Support

Posted by Melinda Dionne | Oct 08, 2012 | 0 Comments

C is for Child Support – a special status in Bankruptcy.

In an effort to help in the enforcement of child support orders, the Bankruptcy Code gives priority status to unpaid child support.  Priority Debts are generally non-dischargeable in bankruptcy, so a person who owes a priority debt will not be granted a discharge as to that debt under the Court's discharge order.

Keeping Current on Child Support is Mandatory.

In the bankruptcy legislation that took effect in October of 2005, Child Support was given an even higher status, in chapter 13 cases.  In general, a debtor must stay current on any child support that comes due after the date of filing, or that debtor can have his case dismissed for his failure to make the post petition child support payments.  Additionally, if the debtor is behind on the child support at the time of the filing of the case, that debtor will generally have to pay that amount in full through his payments to the trustee.

If the debtor falls behind during the life of the case, the recipient of the child support (or the relevant state agency) can file a motion to dismiss the case.  If the Judge determines that the Debtor is behind on the post petition support, the case can be dismissed.

Before the Court can grant a discharge, a chapter 13 debtor must affirmatively certify that there is no child support that came due during the life of the case that has not been paid.  If the debtor cannot or does not make the appropriate certification, the Court cannot grant a discharge.

Child Support is not a trivial matter.  It requires full and complete disclosure to your lawyer.

Be sure to fully disclose to your bankruptcy attorney the status of any child support payments.  Only through properly informing your attorney can  your Tuscaloosa and Birmingham Bankruptcy Lawyer properly advise you and guide you.  Although unpaid child support will not be discharged in chapter 7, it will not keep you from receiving a discharge.  There may be times when discharging other debts may improve your ability to pay the child support arrearage.

Ultimately, you should work to pay your child support as it is intended to help support your children.   Bankruptcy cannot relieve you of that obligation, however, it may be able to help you get into a financial condition to pay it.  Your Tuscaloosa and Birmingham Bankruptcy Lawyer can help you determine how bankruptcy can best help you to meet your child support obligations.

More Information about “The ABC's of Bankruptcy.”

Attorneys from around the United States are taking part in “The ABC's of Bankruptcy.”  Check out these other blog posts for the letter “C.”

Cancellation of Debt Income by Vermont-New Hampshire Bankruptcy Lawyer, Michelle Kainen

Cars by San Francisco Bankruptcy Attorney, Jeena Cho

Chapter 7 by Marin County Bankruptcy Attorney, Catherine Eranthe

Chapter Choice by Ormond Beach, Florida Bankruptcy Attorney, Lewis Roberts

Chapter of Relief by Southgate Michigan Bankruptcy Attorney, Christopher McAvoy

Check Your Bills, Bank Account Statements and Paystubs by Columbus, Ohio Bankruptcy Attorney, Athena Inembolidis

Claims by St. Louis, Missouri Bankruptcy Attorney, Nancy Martin

Competence and Compassion by Philadelphia Suburban Bankruptcy Lawyer, Chris Carr

Congress by Los Angeles Bankruptcy Law Monitor, Christine A. Wilton

Conversion by Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell

Cosigner by Cleveland Area Bankruptcy lawyer Bill Balena

Costs by Miami bankruptcy Attorney, Dorota Trzeciecka

Counseling by Northern California Bankruptcy Lawyer, Cathy Moran

Cramdown by Colorado Springs Bankruptcy Attorney Bob Doig

Cramdown by Oahu Bankruptcy Attorney, Stuart Ing

Cramdown by Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein

Credit Card Creep by Pittsburgh Bankruptcy Attorney,Shawn Wright

Credit Card Tips by Wisconsin Bankruptcy Lawyer, Bret Nason

Credit counseling by Chicago Bankruptcy Attorney, Kyle A. Lindsey

Credit counseling by Los Angeles Bankruptcy Blog, Mark J. Markus

Credit counseling by Daniel J. Winter, Chicago Bankruptcy Attorney

Credit Counseling by Birmingham Bankruptcy Attorney, Elizabeth Johnson

Creditor by New York Bankruptcy Lawyer, Jay S. Fleischman

Creditor by St. Clair Shores MI Bankruptcy Attorney

Creditors by Livonia Michigan Bankruptcy Attorney, Peter Behrmann

Creditors Meeting by Philadelphia Bankruptcy Lawyer, Raymond Kempinski

Cross-Collateralization and Credit Unions by Wisconsin Bankruptcy Lawyer, Ryan Blay

Cheap Bankruptcy by Houston Bankruptcy Attorneys, Busby & Associates

Celebrity Bankruptcy Filings by Wisconsin Bankruptcy Lawyer, Ryan Blay

About the Author

Melinda Dionne

My name is Melinda Dionne.  For over 35 years, I have been helping people find a way to deal with overwhelming debt.  I have never represented a deadbeat because the vast majority of people having financial problems are anything but deadbeats.


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