Many people who find themselves in debt consider bankruptcy as a means to regain financial control. In bankruptcy law, important nuances influence what debts can and cannot be discharged. This article examines the possibility of filing bankruptcy on child maintenance, its implications, and possible alternatives, especially concerning obligations such as child support. Learn more about your rights and choices to navigate this complex area.

Comprehending Bankruptcy Basics

Bankruptcy allows an individual or business to eliminate or repay debts while being protected by the federal bankruptcy court. The two varieties of personal bankruptcy that are most frequently employed by individuals are Chapter 7 and Chapter 13.

• Chapter 7 Bankruptcy: This is frequently referred to as liquidation bankruptcy and enables debtors to liquidate the majority of unsecured obligations, such as medical expenses and credit card debts.
• Bankruptcy Chapter 13: In this type, the debtor can reorganize and create a plan of repayment over three to five years.

The bankruptcy laws do not treat all types of debts the same.

1. Child Support Obligations: What Are They?

Child support is an obligation under the law to support a family financially. It’s usually ordered by a court and covers basic needs for the child, such as food, clothes, shelter, education, etc.

Child support in bankruptcy is classified as a non-dischargeable debt. The bankruptcy process cannot be used to eliminate child support obligations. Whatever type of bankruptcies you file, your child support obligation remains.

2. Why Child Support Cannot Be Discharged

The principle that protects the children is non-discharge ability. Bankruptcy laws were created to ensure that parents still meet their financial responsibilities to their children even in times of financial difficulty.

• Public Policy Considerations: Allowing a discharge of child support obligations would undermine the financial aid intended for children and could cause additional hardship for custodial families.
• Legal precedents: For the benefit of children, the courts have consistently held the child support obligation to be essential. These debts are not dischargeable in bankruptcy.

3. Alternative Strategies For Child Support Payments

It is best to explore alternatives rather than bankruptcy when faced with a large amount of debt, including child support and other obligations. Here are some ideas to consider.

1. Negotiation with the Parent Next to You: Discuss the issue with your partner if you struggle to meet your child support obligations. If your financial situation changes, they may be willing and able to work with you on a temporary change or reduction.
2. Seek Attorney Assistance: Your family law attorney will be able to guide you through child support issues and offer guidance on the legal ways of modifying support orders. Also, they can give you information on how bankruptcy will affect your obligations.
3. Credit Counseling or Financial Counseling: Think about working with one. They can provide resources and help you manage your finances.

Consequences If You Do Not Pay Child Support

Inability to meet your obligations in relation to child support may have grave consequences, including

1. Garnishment of Wages: Courts can order garnishments where child support is unpaid. The amount will be deducted directly from your paycheck.
2. License Suspension: Failure to pay your child support may result in the suspension or loss of professional licenses.
3. Contempt Of Court: Failure to pay can result in legal actions, including contempt, which could lead to fines or jail time.

Conclusion

It is important to note that filing for bankruptcy won’t eliminate your responsibility to pay child maintenance.These payments are classified as non-dischargeable due to the importance of providing financial support for children. Understanding bankruptcy’s limitations is essential. While it can help you eliminate debts like credit card bills, its limits differ for child support. If you find yourself struggling to pay child support and have other debts as well, it might be beneficial to get legal counsel to discuss alternative options. These may include restructuring your finances or changing your support order. Understanding your rights, responsibilities, and options can help you navigate this difficult situation. Learn about the resources available to help you manage your financial obligations and ensure the well-being of your children.