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What About Child Support While in Bankruptcy?

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It’s extremely easy for a person to fall into debt, and once it happens, the debt can start growing quickly, making it harder and harder to pay off. There are many types of debt people experience, like credit card debt, student debt, and medical debt. When debt gets too much for someone to possibly handle on their own, bankruptcy could be a good option to help them get out of it. However, it’s important for anyone considering bankruptcy to know that you can’t discharge all of your debts through it.

There are some debts and financial responsibilities that aren’t affected by bankruptcy. If you’re considering filing for bankruptcy, you need to be aware of what it can and can’t do.

Do You Still Pay Child Support After Filing for Bankruptcy?

One question you might have is, “what about child support while in bankruptcy?” Filing for bankruptcy has no effect on your child support payments. Even if you file for bankruptcy, you’ll still need to continue to make these payments. 

What About Back Child Support?

In addition to your future child support payments, you might also owe back child support. Child support is considered a priority debt and is something that bankruptcy won’t discharge. If you owe any missed child support payments, you’ll still have to make these in. While bankruptcy typically stops methods of collected debt, such as wage garnishment, it won’t stop them if you owe child support. Those filing for Chapter 13 bankruptcy will have a repayment plan that requires them to pay off all of their missed child support payments. 

Is Child Support Considered an Income?

While some filing bankruptcy may by those paying child support, parents who receive it may also need to file for bankruptcy. To file for Chapter 7 bankruptcy, you’ll need to pass a means test, which looks at your income, to see if you qualify for this type of bankruptcy. Payments you receive for child support are considered an income on the means test, so they have to be included. Any missed payments that you’re owed are not included in this. The child support payments you receive are exempt, so you don’t have to worry about losing them if you file for bankruptcy. This includes the money you received before and after filing for bankruptcy.

Learn More About What Bankruptcy Can and Can’t Do

Bankruptcy can be confusing and isn’t something that most people know a lot about until they have to go through it themselves. At JPPLaw, we know that considering filing for bankruptcy can bring up a lot of questions, and you need to be sure that this is the best choice for your financial situation. Even though bankruptcy won’t discharge the money you owe in child support or keep you from paying future payments, it can still be beneficial for many people who pay or receive child support. 

Contact JPPLaw today to get help filing for bankruptcy from one of the top attorneys in Wilkes-Barre, PA.

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