Child support is never dischargeable in bankruptcy. If your ex is filing Chapter 7 bankruptcy, his assets will be sold to pay his debts. Most of the remaining debts will be discharged, but child support in arrears or past-due child support cannot be discharged.

Do you make payments on Chapter 7 bankruptcy?

Many Chapter 7 bankruptcy attorneys will allow you to pay your fees through an installment plan. You’ll make your payments according to the schedule and, once you’ve paid the entire fee, the attorney will file your case. Once the Chapter 7 case gets filed, the attorney can’t take any steps to collect a balance owed.

Does child support survive bankruptcy?

Filing bankruptcy does not discharge your obligation to pay court ordered alimony, spousal or child support payments. This includes both arrears and on-going payments. In addition, you will be obligated to continue to make ongoing payments.

How is surplus income calculated?

To calculate your surplus income payments, start with your net family income then subtract the guideline amount that is allowed for living expenses. This means that a family with an income of $3,500 each month would have $344 in surplus income.

Can a child support debt be discharged in Chapter 7?

Child Support Debt Can’t Be Discharged in Chapter 7 Bankruptcy. In Chapter 7 bankruptcy, child support debt receives special treatment because it is considered a priority debt. Priority debts are nondischargeable in bankruptcy.

Do you have to pay back child support if you file bankruptcy?

Chapter 7 bankruptcy does not get rid of your obligation to pay ongoing child support and back child support. If you have any outstanding child support debt, filing for Chapter 7 bankruptcy will not wipe out your obligation to pay it.

How does bankruptcy affect overdue child support obligations?

A bankruptcy filing may make it easier to recover overdue child support, however. An individual seeking relief from debt via bankruptcy will seek either a Chapter 7 or Chapter 13 bankruptcy. A Chapter 7 bankruptcy is for individuals who meet certain income requirements.

Can a chapter 13 bankruptcy wipe out child support?

Chapter 13 Discharge Does Not Wipe Out Child Support Debt Because of public policy concerns, Congress has decided that child support debt is too important to be discharged in bankruptcy. As a result, in Chapter 13 bankruptcy, your child support obligation is treated as a priority debt and can’t be eliminated by your discharge.