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Bankruptcy gives many Americans the fresh financial start they so desperately need. If you pay child support and are thinking about bankruptcy, there are important things to consider. Below are some of the most common questions and answers about bankruptcy and child support obligations.
Chapter 7 bankruptcy can eliminate most or all of your debts if approved. However, bankruptcy does not eliminate your child support requirements. Additional factors to keep in mind:
Child support payments are considered income. That’s why child support is listed on the bankruptcy means test form. Therefore, when filing for bankruptcy, it’s essential to list child support on income on Schedule I.
No. The court cannot deny your bankruptcy case because you have child support debt. The bankruptcy will go forward. The court can deny your bankruptcy if you commit fraud or hide assets.
The automatic stay is a significant plus in declaring bankruptcy. When you file, the bankruptcy court orders your creditors to stop all debt collection activities. As a result, creditors cannot contact you or file lawsuits against you while the bankruptcy is pending.
However, the automatic stay does not stop the collection of child support. Only the court that sets up your child support payments can make any changes. Therefore, regardless of bankruptcy, your child support obligations remain.
When filing for bankruptcy, debts ‘in the nature of support’ may not be discharged. These debts are those incurred related to a child’s upbringing and welfare, except for unpaid child support.
For instance, if there are medical bills for healthcare the child received, bankruptcy doesn’t cancel that debt.
Bankruptcy and child support obligations are complex, but your St. Louis bankruptcy attorney can smooth things out for you.
Are you considering bankruptcy and paying child support? A St. Louis bankruptcy attorney can review your legal options with you. AKS Law has more than 10 years of assisting people with filing for bankruptcy. Please dial (314) 866-3955 for more information.
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