Boca Raton Bankruptcy Attorney

Bankruptcy and Child Support

Falling into tremendous debt affects many facets of your life other than your immediate financial expenses. A potential way to manage your debt crisis is to file for bankruptcy. When considering filing for bankruptcy it is important to take into account your family obligations. It is equally important to be aware of the consequences to you and your family if your spouse or ex-spouse file for bankruptcy while they are paying child support.

Ex-spouses and Child Support

Should your former spouse file for bankruptcy while they are paying for child support, they must continue to pay. Bankruptcy does not void child support payments and does not alter the amount that must be paid. It also does not act as a stay or hold. This means that payments must continue as scheduled, even during the period under which bankruptcy was filed.

Owing Back Child Support

Filing for bankruptcy will not discharge child support payments that are overdue. These obligations remain in place regardless of a former spouse’s filing status.

“In the Nature of Support”

Debts that you have incurred as a result of caring for your children are considered “in the nature of support.” This could include medical bills, learning assistance for your child, or any debt that does not directly stem from child support payments. These debts cannot be discharged in a bankruptcy filing.

If you are responsible for paying child support and are facing a financial crisis, filing for bankruptcy may be what you need to regain control of your finances.

Contact a South Florida Bankruptcy Lawyer

Contact the Boca Raton bankruptcy lawyers of Eric N. Klein & Associates, P.A. at 561.353.2800 for an initial consultation. We will assess your situation and discuss your further legal options.