Is Child Support Affected by Bankruptcy?

stressed unemployed man hold bills in hand

Bankruptcy offers individuals a path to manage overwhelming debt. It involves two primary chapters: Chapter 7, which liquidates assets to pay off debts, and Chapter 13, which establishes a repayment plan. In New York, certain exemptions protect assets from liquidation, such as a portion of the equity in your home and personal items. But does bankruptcy affect child support?

At Ursulova Law Offices, we understand the nuances of bankruptcy laws and child support, particularly how these two critical areas of law intersect. Serving as experienced bankruptcy lawyers in Brooklyn, NY, we are dedicated to providing clear guidance and support to those grappling with these issues.

Child Support During Bankruptcy

In bankruptcy, debts are classified as either dischargeable or non-dischargeable. Dischargeable debts can be eliminated through bankruptcy, while non-dischargeable debts, like child support, are not.

It is essential to understand that bankruptcy laws and child support are intricately linked. Child support obligations remain intact regardless of the bankruptcy process. This ensures that children receive adequate support remains a paramount concern in any legal matter involving family and finances.

Child Support During Chapter 7 Bankruptcy

When an individual files for Chapter 7 bankruptcy, it is crucial to understand that their obligation to pay child support is not impacted. In the realm of bankruptcy, child support is classified as a ‘priority debt.’ This classification is significant because it means child support takes precedence over most other types of financial obligations, standing at the forefront of debts that must be addressed.

Consequently, filing for bankruptcy under Chapter 7 does not provide a pathway to discharge or reduce the responsibility of child support payments. The law is structured to ensure that the financial welfare of the child is not compromised by the parent’s financial challenges or decision to declare bankruptcy. Therefore, it is imperative for individuals undergoing Chapter 7 bankruptcy to continue fulfilling their child support obligations fully and promptly, safeguarding the interests of their children.

Child Support During Chapter 13 Bankruptcy

In the case of Chapter 13 bankruptcy, the approach to managing debts differs significantly from Chapter 7. Chapter 13 bankruptcy involves the development of a structured repayment plan, designed to reorganize debts into a format that is manageable for the individual. This plan typically spans 3 – 5 years and requires court approval.

Within the framework of this repayment plan, it is critically important for child support payments to be maintained without interruption. The obligation to make full child support payments persists throughout the duration of the Chapter 13 repayment plan.

Additionally, if there are any outstanding child support arrears at the time of filing, these arrears must be completely addressed within the bankruptcy plan. This requirement underscores the legal system’s commitment to ensuring that the financial support owed to children remains a top priority, even as the parent navigates through the complexities of restructuring their financial obligations under Chapter 13 bankruptcy.

Manage Child Support During Bankruptcy With the Help of a Bankruptcy Attorney

Understanding how bankruptcy affects child support is crucial for anyone considering this financial step. At Ursulova Law Offices, we will help you handle bankruptcy while ensuring your compliance with child support by providing comprehensive advice tailored to your unique situation.

If you are facing the challenges of bankruptcy in New York while managing child support obligations, contact us today. Our Brooklyn bankruptcy attorney is ready to provide you with the guidance and support you need.

Ursulova Law offices, P.C.

Contact Ursulova Law Offices, P.C. to find out how our NY Bankruptcy Attorneys can help you today. Our offices are located in New York, Brighton Beach, Brooklyn and Garden City.


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