Child Support During Bankruptcy

The law offices of Chang and Carlin have been helping thousands of families across Chicago to overcome financial crises and make a fresh start through Chapter 7 and Chapter 13 Bankruptcy.

For those saddled with debt and bearing the brunt of financial crises, bankruptcy is a last resort solution. While no one wants to file for bankruptcy, an increasing number of individuals and families have found themselves with no other means of absolving their debts. However, things may be a bit different for you if you have a child to support. If you are paying child support and are considering filing bankruptcy, you may want to know how a bankruptcy ruling will affect your child support obligations. So, here is some useful information on the subject, brought to you exclusively by Chang and Carlin, LLP’s expert Chicago Bankruptcy Lawyers.

Is a child support claim dischargeable through bankruptcy?

Child support payments generally cannot be discharged through bankruptcy. This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to establish paternity or to establish or modify child support obligations. The relationship between child support and bankruptcy is complex. To understand the details particular to your situation, you may need the help of an attorney familiar with bankruptcy law.

What does “in the nature of support” mean?

Debts "in the nature of support" for a child are basically any debts you incurred that relate to your child's welfare and upbringing, other than debts arising directly from child support payments owed.

What happens to the one receiving child support?

If you are the one receiving child support or alimony payments, but your ex-spouse’s or ex-partner’s payments are in arrears and he/she files for bankruptcy, you can submit a claim for the money owed to you, and make yourself a “preferred creditor”.

If you are unable to  survive financially due to the added cost of child support payments, it's imperative that you speak with someone who can address questions that are specific to your circumstances. In addition, this individual should have a firm grasp of bankruptcy law, as well as family law. Chang and Carlin, LLP’s experienced Chicago bankruptcy attorneys can help you during the times of financial difficulty and will suggest you a solution specific to your circumstances.

To schedule a free initial legal consultation with a Schaumberg Bankruptcy Attorney, call Chang and Carlin, LLP today or Request a Free No Obligation Bankruptcy Filing Consultation Today.

Disclaimer: The content provided by Chang and Carlin, LLP is not legal advice and is purely for informational purposes. The information contained herein is not a substitute for the advice of an attorney and does not create an attorney-client relationship. If you are interested in obtaining information about Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Foreclosure services, or Real Estate legal services, call our law firm at 1-866-790-8601 for a Free Legal Evaluation. Chang and Carlin, LLP serves clients in Chicago, Schaumburg, Joliet, and Warrenville.