Paying Child Support While In Bankruptcy
One of the main reasons people have to file a Chapter 7 or Chapter 13 Bankruptcy is because of a divorce. Many times with divorce also comes the additional expense of child support. Filing bankruptcy will not help get you out of having to pay your child support or to help lower your child support payment.
If a Debtor files a Chapter 13 Bankruptcy and owes back child support, the back child support must get paid through the Plan. A Debtor must also start making his regular child support payments and stay current. If a Debtor does not make his child support payments after he has filed a Chapter 13 Bankruptcy, the case will not be confirmed and will get dismissed.
If a Debtor pays his child support up until the point the case gets confirmed and then stops, the Attorney General can file a motion to either dismiss the case or to deny discharge. Sometimes we can get an agreement with the Attorney General to allow the Debtor to pay the amount due post-petition in the bankruptcy, but the Debtor must then start making payments and stay current.
The new bankruptcy law does a lot to protect children and make sure Debtors are paying child support if it is owed.
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