It is common family law practice to charge an ex-spouse to pay child support payments to the individual that is responsible for caring for the child. Like any other type of payment though, people can get behind on child support payments making it difficult to catch up. If you are thinking about filing for bankruptcy, even Chapter 7 bankruptcy, child support debt is something that can't be discharged. Even if you just owe back-payments for missed child support payments, you are responsible for making up the full amount of those missed payments.
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Child support isn't the only kind of bill that can't be discharged by bankruptcy. For example, there is a law called "in the nature of support" which requires an individual who pays child support to assist in extra expenses incurred because of the child. These are most commonly medical expenses. Another protection that filing for bankruptcy can provide is protection against creditors. As soon as you file for bankruptcy, creditors must cease calling you and asking for payment. However, since child support payments do not fall under the realm of bankruptcy, collection agencies may still contact you if they are seeking to obtain these types of payments from you.
So you may be asking at this point, "What can bankruptcy do for me if I'm behind on my support payments?" The answer lies in the fact that bankruptcy can eliminate your other debt, freeing you up to be able to pay. Support payments cannot be discharged because the best interest of the child or children is at stake. While your new car may not be necessary to keep, it is necessary to provide your children with the monetary compensation needed for an adequate living. Some states may allow you to petition for an altered payment plan that may reduce your payments to a more manageable level.
Maybe bankruptcy is something you want to avoid at all costs. This is perfectly understandable. There are other options that can help you get out of debt and back to living comfortably. You may want to consolidate your debts or file for a loan modification. Whatever the alternative is, if you are responsible for paying support, know that these options are for the purpose of freeing you up to pay your responsibility to your children. There is a help for you even if you have missed multiple payments so don't hesitate to seek legal help during this time. With the help of a competent attorney you can ensure that you aren't getting cheated by creditors or lenders.
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