How Bankruptcy Affects Child Support

If you are currently making child support payments but find that your financial situation has become too difficult for you to manage, then it is important that you familiarize yourself with the effects of bankruptcy on child support. The first thing to note is that bankruptcy and the benefits of it – most importantly, automatic stay – do not pardon the debtor from paying owed child support payments. This money owed is not considered to be dischargeable, and all current, missed, and future payments must be completed.

Not only must debtors repay money owed specifically under the title of “child support,” but they must also resolve all debts “in the nature of support” for the children. This means that all monetary support that isn’t necessarily considered to be child support, but that are necessary to uphold the child’s well-being – such as medical payments – is not discharged either. The bankruptcy filer must pay this money owed, as well.

Automatic stay will, however, protect the debtor against being found in contempt for failing to make child support payments. This means that the court system cannot put you in jail or take any other measures in order to force you to make your payments. People who fail to make payments, not because they do not have the funds but because they don’t feel like losing the money, are susceptible to this court right.

Contact Us

If you are unsure about how bankruptcy will affect you and your child support payments, then the Austin bankruptcy lawyers of Slater, Kennon & Jameson, LLP can help you find the answers. Call our offices today at 512-338-1100 to schedule an appointment with one of our qualified attorneys.