It is normal to wonder whether seeking relief through bankruptcy might ease obligations like child support. The short answer being filing for bankruptcy will not eliminate your legal responsibility to pay child support. Child support is considered a priority debt and is not dischargeable. Even so, bankruptcy can still improve your overall financial situation, potentially making it more feasible to continue paying support on time.
If you are struggling to meet monthly bills and protect your family’s interests, it is time to seek legal guidance. At Hollinger Connor, LLC, we understand the complexities of federal and state bankruptcy rules and how they interact with child support obligations. Call now to speak with experienced bankruptcy lawyers and learn how to improve your financial stability.
Child Support Obligations Remain Intact
Child support does not go away when you file for bankruptcy. This obligation exists to protect a child’s well-being. Courts do not allow parents to discharge these obligations, as a child’s needs are paramount. In fact, federal law explicitly prevents child support arrears from being included in the debts wiped out under bankruptcy. For example, under Chapter 7 or Chapter 13, Alabama statutes and federal provisions work in tandem to maintain child support as a priority.
If your monthly child support is causing financial strain, it is essential to understand what bankruptcy can and cannot do. Although it will not end your child support obligations, it can reduce or eliminate other unsecured debts. Clearing credit card balances, medical bills, or personal loans can free up income so you can pay child support consistently. Working with a skilled bankruptcy attorney can help clarify how best to approach your unique situation.
Why Child Support Is Non-Dischargeable
Federal bankruptcy law labels child support as a “domestic support obligation.” These obligations are protected because they serve a critical social function: ensuring the financial stability and care of a minor. Courts and legislatures have decided that the need for a child’s financial security outweighs the debtor’s interest in discharging that particular debt. Whether you consider Chapter 7 or Chapter 13 provisions in Alabama, the same principle applies— child support remains a top priority.
Choosing to file Chapter 7 or Chapter 13 bankruptcy in Alabama does not change the non-dischargeable nature of child support. The purpose of bankruptcy is to offer relief from burdensome debts, allowing filers to reorganize and rebuild their finances. But it is never intended to relieve a parent of their obligation to support their children. A trusted bankruptcy lawyer can provide clarity and confirm these details.
How Bankruptcy Can Help With Overall Financial Health
While bankruptcy does not directly reduce or remove child support payments, it can still be a powerful tool. For those feeling crushed by credit cards, medical bills, or personal loans, filing for bankruptcy may provide a way to eliminate or reduce these obligations, leaving more available funds for child support. For example, in a Chapter 7, many unsecured debts can be discharged within a few months. This leaves you with fewer monthly payments, easing the burden on your budget. In Chapter 13, you can create a repayment plan to manage debts more effectively, potentially enabling timely support payments.
These changes can create a positive ripple effect on your finances. Without constant creditor calls, wage garnishments, or the fear of losing assets, you gain the financial breathing room to stay current on child support. Also, an experienced bankruptcy attorney can guide you on how to handle support arrears. While bankruptcy does not erase them, a Chapter 13 plan might allow you to pay back past-due support over time.
Domestic Support Obligations in Bankruptcy Plans
Chapter 13 bankruptcy filers can incorporate domestic support arrears into their repayment plan. This does not reduce what you owe, but it can structure the debt in a way that might be more manageable. In such a scenario, bankruptcy attorneys can help you propose a feasible repayment schedule.
While the child support debt itself does not vanish, reorganizing other debts can put you in a position to pay support on time. State and federal laws demand that your child support obligation receive priority in the plan. This means you must stay current on ongoing support and pay off any past-due amounts as outlined. Maintaining these payments is crucial. Falling behind on child support during a Chapter 13 case could jeopardize your bankruptcy discharge.
Protecting Yourself from Enforcement Actions
Without bankruptcy, if you fall behind on child support, the child’s other parent or state agencies may take enforcement actions against you. These can include wage garnishments, interception of tax refunds, or even driver’s license suspension. While bankruptcy’s automatic stay may temporarily halt many collection actions, it generally does not stop child support enforcement. Courts often allow continued enforcement of domestic support obligations despite the automatic stay.
Addressing Other Debts to Free Up Funds
When support payments feel overwhelming, the real culprit may be your other debts. If high interest credit cards or old medical bills consume a large portion of your budget, bankruptcy attorneys can help discharge or reorganize them. Once these are resolved, you can direct more income toward child support. Chapter 13 or Chapter 7 might create the breathing room needed.
Often, Chapter 13 bankruptcy processes can drastically improve long-term financial health. This not only helps you with current obligations but can also set a positive example for your child, showing that you are taking responsibility for your financial future.
Call Us Today
Hollinger Connor, LLC stands ready to help you understand how bankruptcy can improve your finances, support timely child support payments, and strengthen your family’s stability. Court records and federal statutes confirm that child support cannot be discharged, but by clearing other debts, you may find it easier to meet your obligations. With proper planning and careful selection of the right bankruptcy chapter, you can regain control of your finances. Contact us today for a consultation, and together, we can help you achieve a more secure financial future.