Child Support and Bankruptcy

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Threats of, “I’ll file for bankruptcy before you see any child support,” are made regularly to the clients we represent at JacksonWhite. If your spouse, ex-spouse or significant other is trying to scare you with a threat like this, do not worry. The threat is not valid.

The Bankruptcy Court sees both child support and alimony as a type of debt referred to as “Domestic Support Obligation” or “DSO”. If the debt owed is child support or spousal maintenance (alimony) it will not be discharged in a Chapter 7 or Chapter 13 bankruptcy proceeding. In fact, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 takes it a step further. The Act states that back child support and alimony must be paid before any other creditor.

If you receive support from a person contemplating bankruptcy, it is important that you don’t sit back and not take action either. Filing a “nondischargeability complaint” will make sure your interests are protected. A competent family law attorney can assist you while protecting your interests against a parent or ex-spouse threatening bankruptcy.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Timothy Durkin, JacksonWhite, P.C. | Attorney Advertising

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