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.

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