Bankruptcy & Child Support

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What Will Happen to Child Support Payments If My Ex-spouse Declares Bankruptcy?

Bankruptcy & Child Support

The most important thing you need to know: Child support is NOT dischargeable in any type of bankruptcy. The welfare of minor children is of primary importance throughout the state and federal court system . When you're considering bankruptcy, do not compute any child support payment reduction. Much like the regulations that apply to student loans, child support requirements always remain as mandated by family court. But you still can get some benefit from declaring bankruptcy. Although you cannot erase child support payments, if you file for Chapter 7 protection and most of your other debts are erased, your budget will include new extra cash, which will make it easier for you to make your scheduled support payments on time. Even choosing a Chapter 13 wage earner plan will lower your monthly payments to creditors, leaving you with more available cash to meet your support commitments.



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