Paying Child Support During Bankruptcy Proceedings.
One of the primary reasons many people are forced to file for bankruptcy, either Chapter 13 or Chapter 7, is because they are going through a tough divorce. Most often, if you have young children there is also the issue and additional expense of paying child support. Filing for bankruptcy protection will not help get you out of the responsibility of having to pay child support or even to help lower your support payment. If a person files for a Chapter 13 Bankruptcy and has child support arrears, the back child support must get paid through the repayment plan established by the courts.
A Debtor must also start making his regular child support payments and stay completely current with the payments. If a Debtor does not make his child support payments after he has filed a Chapter 13 Bankruptcy, the case will seldom if ever been confirmed and the petition will be discharged. If the person pays his support up until the point the case does get confirmed and then quits, the Attorney General can and will file a motion to either dismiss the entire case or to deny a full discharge. Often times there may be the chance to get an agreement with the Attorney General to allow the person to pay the amount due post-petition in the bankruptcy, but the Debtor must then start making the child support payments and must stay current.
The new bankruptcy legislation has many provisions designed to ensure that children are protected during bankruptcy. If you have any questions regarding child support and bankruptcy call an experienced bankruptcy attorney today to the get the advice you require.