Will Bankruptcy Impact My Ability to Obtain Child Support for My Children

Child Support Law Firm

Child support is vital to ensuring that children of parents who are no longer in a relationship are provided with the comfort that they are accustomed. Child support helps to meet children’s needs when the non custodial parent makes monthly payments to help cover the cost of food, housing, educational expenses and much much more. The custodial parent is often reliant upon this as a way of providing for the needs of their children. What happens if one parent is struggling financially and is considering bankruptcy as a way of wiping the slate clean? As the custodial parent, it’s only natural that you may be feeling concerned over how a bankruptcy filing could impact your child’s right to financial support. 

Speaking with a child support lawyer can help you understand what might happen in the event the other parent files for bankruptcy and the appropriate way to move forward. 

Understanding Bankruptcy

Sometimes, people find themselves in over their heads and unable to pay their bills. There are a number of reasons this may occur, in some cases, bankruptcy can be the result of overspending, job loss, injury and even divorce. Sadly, should this occur, a parent may find themselves not only unable to pay their bills but also struggling to make their child support payments. Bankruptcy can be a way of helping a person to take control of their finances. Primarily, there are two forms of bankruptcy that a person is likely to choose:

Chapter 7: is also known as a liquidation bankruptcy in which all assets are liquidated and discharged. Those filing for bankruptcy have the ability to keep some exempt property. 

Chapter 13: this process is the reorganization of a person’s debts. Chapter 13 allows for a person to propose a repayment plan to occur over the course of 3-5 years. 

When determining the most appropriate form of bankruptcy to choose, it’s best to speak with a lawyer regarding whether to file for Chapter 7 or Chapter 13. 

If Your Child’s Parent Pursues Bankruptcy

If you are the custodial parent who depends upon child support payments to care for your child, you may have concern when you learn that your ex has filed for bankruptcy. You will likely wonder whether bankruptcy will have an impact on your ability to obtain child support. Thankfully, child support is considered a priority debt making it non dischargeable. This means that a person is unable to wipe the slate clean of their child support debt arrears and/or payments. When Chapter 7 bankruptcy is filed, the parent who is owed child support will be one of the first creditor to receive payment. 

Contacting a Lawyer

Some of the time, contacting a lawyer may be in your best interest when it comes to managing child support. During the process of separating your life from the person you were married to, it’s only natural for many to experience financial stressors. Before you walk away without taking action, it’s important that you put a few things into perspective. Always remember that your lawyer has your best interests at heart when engaging in this type of process. 

Whether you are a parent who is struggling to pay child support and considering bankruptcy, or the custodial parent who is reliant upon child support as a way of financially meeting the needs of your kids; it’s in your best interest to contact family lawyer Tampa, FL parents recommend. You will want to weigh your options with a professional who can support you in keeping your interests at the forefront. 

Thank you to the experts at The Mckinney Law Group for their insight into child support law.