If you’re going through bankruptcy, you may be wondering about child support. Will child support debt be discharged in bankruptcy? The answer is no. Child support is not discharged in bankruptcy. This is considered a social & political obligation. Social and& political obligations (such as alimony, child support, taxes, and student loans) are very unlikely to be discharged in a bankruptcy. If you owe child support, you cannot escape your responsibility by filing for bankruptcy. Bankruptcy does not place a stay (hold) on child support payments, past-due child support payments (payments in arrears), or paternity tests.
If you file for Chapter 13 bankruptcy, your financial life during the reorganization process can get complicated. However, child support payments are considered priority debt – meaning that they must be paid before other obligations such as credit cards, medical bills, and other unsecured debt. If you are owed child support payments by someone who is filing for bankruptcy, understand that the payment may be delayed during the Chapter 13 reorganization process; however, it will not be discharged.
In bankruptcy, you are required to file a schedule of assets, liabilities, exemptions, and statement of financial affairs. This can be very valuable information for a parent who is owed child support by the person filing for bankruptcy. If you are owed past-due child support by someone filing for bankruptcy, you can intervene in the bankruptcy proceedings without charge and contest the amount that is owed to you (the debt in arrears).
If you pay child support, there is a good chance that child support payments will be a crucial component to meeting the Chapter 13 bankruptcy repayment plan. In other words, if a bankruptcy filer fails to meet his child support obligations (both current and past due) according to the plan, the bankruptcy can be nullified.