When filing for bankruptcy, many of your clients ask us how this will affect their child support. As bankruptcy lawyers, we are here to answer all of your questions about the bankruptcy process. So, let’s talk about how bankruptcy impacts child support payments.
First of all, if you pay child support, you will continue to do so before, during, and after the bankruptcy process. Any back pay that has accumulated from missed payments will NOT go away with bankruptcy. You will still be held legally responsible for making child support payments and catching up on any payments you have missed. With that said, filing for bankruptcy can help you manage other debts so that you can catch up on your child support payments and get back on track.
Once you do file for bankruptcy, you can file a motion to modify the amount of child support you pay each month to reflect your current financial situation. However, again, this will not erase any unpaid payments that you owe; you are still responsible for catching up on those.
What about if you receive child support payments and file for bankruptcy? When you file for bankruptcy, you must disclose the amount of child support you receive each month. However, in most states, child support payments are exempt from bankruptcy, meaning that your debtors can’t count that as part of your income or expect you to pay them back using money you’ve received from child support.
If you have any questions about how bankruptcy will impact your child support, call the bankruptcy lawyers at Craft Law Offices in Greenville, NC to set up your free consultation.