Child Support Is Not Dischargeable in Bankruptcy
Can child support be discharged in bankruptcy? No. Support obligations, including accrued interest, are nondischargeable in bankruptcy. All domestic support obligations are nondischargeable in bankruptcy. This means that child support and spousal support are nondischargeable in bankruptcy.
Spousal Support Also Not Dischargeable
In fact, several sections of the bankruptcy code ensure a debtor’s support obligations are paid despite the bankruptcy. For instance, the bankruptcy code expressly exempts from the bankruptcy automatic stay the establishment, modification and collection of a child support (or other “domestic support”) obligation. The bankruptcy code also places “domestic support” obligations in the first-priority position for payment.
A parent paying child support cannot get out of the payments by filing for bankruptcy. If the parent tells you they will wipe out the support obligation by filing bankruptcy, they are either lying to you, or they are misinformed.