Child Support after Bankruptcy

Child support is one of the most important obligations any non-custodial parent will ever have. Paying child support after bankruptcy is a requirement, but there are ways to make payments easier on those who are dealing with financial distress.

Child Support Requirements

Although child support laws vary greatly from state to state, bankruptcy proceedings are a federal case. Because of this, bankruptcy courts do not have the authority to issue a stay on any child support payments or arrearage payments that are owed by a debtor to the payee. No matter the circumstance of the bankruptcy, the paying party is still required to make all child support payments as originally ordered by the courts, and they are still required to make arrearage payments on any past due child support that they may owe. There are some resources for parents who are having difficulty with child support after bankruptcy, however.

Debt Relief to Pay Child Support after bankruptcy

Judges who rule in bankruptcy cases often view child support as a basic need for the care of another human being, and thusly it often takes precedence over all other debts.

Although a judge cannot issue a stay on child support or arrearage payments, they can rule that the repayment of other debts be modified to allow for proper payment of child support. Child support and bankruptcy are difficult to manage together, and most judges in bankruptcy courts understand this.

A good bankruptcy lawyer will present this information to a judge and work with them to reduce other payments to an amount that will allow the child support paying party to make timely payments and still pay off their creditors.

Child Support Arrearage

Many people who are paying child support after bankruptcy find themselves questioning their arrearage amounts and wondering whether or not these amounts can be reduced or erased. An arrearage is term used to describe the cumulative amount of all missed child support payments in the past. Bankruptcy does not eliminate or reduce child support arrearage; a family court or lawyer that specializes in child support is often the best source of information on how to handle child support and bankruptcy legally and efficiently. A parent’s obligation to support their children takes precedence over any amounts owed to other creditors, and this is often reflected in bankruptcy rulings.

Adjustments in Child Support Amounts

One of the best ways to deal with paying child support after bankruptcy is to file a suit in a family court to have the amount of child support and arrearage payments adjusted. In most cases, child support and arrearage payments are based upon the income of the paying party, and bankruptcy can have a huge impact on that income. In some states, bankruptcy has very little do with the amount the non-custodial party is required to pay on behalf of their children, but other states take bankruptcy status into consideration when reviewing the amount of child support being paid to the custodial parent. This is a great option for anyone struggling with these two issues.

Other Debts in the Nature of Support

When parents are ordered to pay child support, there are often other stipulations that they are legally bound to in the same set of documents. Non-custodial parents are often required to pay a percentage of their children’s health care and child care costs—otherwise referred to as ‘other debts in the nature of support’—in addition to standard child support payments. Much like standard support and arrearage payments, filing bankruptcy has no effect on the amount of other debts in the nature of support that the non-custodial parent owes. A family court may be able to reduce the amount of these percentages in contrast with the bankruptcy proceedings, but this is not always the case.

How to Seek Help

When parents find themselves unable to make child support payments as a side effect of filing bankruptcy, they often find themselves stressed out and afraid of legal consequences. There are ways for parents in these situations to seek help; free legal advice and representation is offered in most states to families who are unable to afford a lawyer. Family courts will often hear their cases without legal representation, but court costs and filing fees are still the responsibility of the party asking for the amendments. A solution agreed upon by both the custodial parent and the paying party is often enough to present to a judge for a child support amendment as well.

Paying child support after bankruptcy is a legal obligation, but there are ways for non-custodial parties to seek help in reducing the amount of child support they are required to pay.

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