How Does Bankruptcy Affect Child Support?

Even after a divorce, parents are both financially responsible for their children. It is very rare that a Utah court will wave this responsibility, as it is regarded as a serious factor in the terms of most divorce cases. Failure to pay child support can result in serious consequences. For this reason, it is important to be aware of all potential situations that may or may not have an effect on child support payments, including filing for bankruptcy.

When an ex-spouse who is paying child support goes to file bankruptcy, the other parent might be left to wonder how things will work afterward. Generally, the court will not dismiss the responsibility of child support in the event of bankruptcy. Those who are hoping to avoid their payments by filing for bankruptcy will quickly find that this is no excuse. Different methods are commonly used by court officials to prompt a parent who is in delinquency of child support payments. If the parent feels that they are unable to meet their obligation due to financial reasons, they are encouraged to seek counsel from their attorney.

Any and all debts that have been incurred that are related to the well-being and support of the child cannot be dismissed when filing for chapter 7 or chapter 13 bankruptcy. This type of debt commonly includes medical bills and education. This can significantly restrict the right to discharge debt.

If your former spouse has stopped paying child support for whatever reason, a divorce attorney may be able to help you petition the courts to enforce the support agreement.

Published On: August 21st, 2015Categories: Child SupportComments Off on How Does Bankruptcy Affect Child Support?
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About the Author: Marco Brown
Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.
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