Bankruptcy and Child Support Obligation

by Robert

out of job for 4 months, lost house, unable to pay child support, now child support being taken out w/interest but I know bills and child support will take all of salary what do I need to do in or out of small claims court to avoid further garnishing and/or demands for payment of these fees? Also would it be better to claim bankruptcy? These aside from everyday bills are my only debts.

Comments for Bankruptcy and Child Support Obligation

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Mar 10, 2011
Bankruptcy and a Child Support Obligation
by: debtCollection

So sorry to learn about all of your financial and legal problems. Based on what you have written I would run, not walk, to the office of a consumer bankruptcy attorney. Click here for a free consultation with a bankruptcy attorney.

You definitely need a professional to review your finances and advise you about what to do. If you file for bankruptcy, all creditor collection actions, including lawsuits, will stop immediately, giving you some breathing room to figure out the best way to deal with your financial problems.

You need to know however that filing for bankruptcy will not wipe out your child support obligation - that obligation will continue because the federal bankruptcy law views the obligation to pay child support as the most important kind of debt. However, bankruptcy can give you the opportunity to work out a plan to pay off your past due child support over time. Also, given the change in your financial situation since the terms of your divorce were first negotiated, you may be able to get the amount of your future child support payments reduced. If you hired an attorney to handle your divorce, you probably need to consult with him or her about a possible reduction. However, I would talk with a bankruptcy attorney first and find out how best to proceed.

Good luck working through your financial problems!

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