Your bills are mounting — credit cards, mortgage, auto loans, and child support too. If you’ve concluded that bankruptcy is your only way to get out from under, then a brighter, less stressful future is ahead. Still, despite the promise of a fresh start free of calls from bill collectors, it’s important for you to understand that a bankruptcy filing does not eliminate every debt that you owe: most importantly, you need to know that the amount that you submit each week in child custody payments are not going to be affected at all.

Whether you qualify for Chapter 7 or Chapter 13 bankruptcy, a bankruptcy filing will either discharge your debts or realign them so that you have more time to pay, usually with better terms. But child support payments are considered an entirely different category of obligation and responsibility that bankruptcy will not discharge. The good news is that by discharging your other debts, you will be better able to make the payments that the family court has deemed appropriate for the support of your children.

Many debtors who have missed multiple child support payments have accumulated significant arrears. These past due child support payments are not dischargeable: you owe those monies to the parent who has custody of your children, as well as any arrears that you owe for spousal support or alimony. But child support is considered the highest level of obligation — even higher than taxes — and no bankruptcy court will forgive or eliminate that debt. A bankruptcy court is also not able to adjust the amount that is owed. Only the family law court is able to do that, and that requires a separate petition and legal action in that court.

The good news is that filing for bankruptcy puts an automatic stay in place for all debt collection from your other creditors. Not only will the calls and bills stop being sent, but any wage garnishment being sought by others to whom you owe money – other than those for your child support – will also stop. This should free up more money for paying for the care of your children.

Though filing for bankruptcy will not lower or eliminate your child support payment obligations, and will not eliminate any child support arrears that you have accrued, it can help you get control of your finances so that you are better able to meet those obligations and move forward to rebuild your credit and financial health. For information on how to move forward with a bankruptcy filing, contact our office today.