Child Support and Bankruptcy

There are many complicated matters and situations when it comes to child support cases and bankruptcy. This is part of why if you are thinking of filing for bankruptcy but are have a child support order for payments you may want to have information ahead of time just as an individual who may have a significant other who owes child support payments or is paying child support may also need this information. There some individuals who end up being in a great deal of financial trouble because of not knowing what they do or do not have to do when it comes to child support after they have filed for bankruptcy.

Some of the different things that tend to cost the most confusion when it comes to child support services and bankruptcy include what “in the nature of support” means legally, if a person who files bankruptcy has to still pay child support and if a person who owes money for child support and has filed for bankruptcy will have that debt wiped or not. These do all have fairly easy to understand explanations that will be talked about bellow.

If you have an ex husband or an ex wife who owes you a great deal from child support that they have not paid but who are filing for bankruptcy, what they owe you will still be valid. These types of debt are sometimes called “back payments” and the individual who used to be your spouse will not be able to get around these obligations through filing bankruptcy or having already filed bankruptcy.

More often than not when it comes to bankruptcy effecting the ability to collect child support a person will end up still having to pay the amount that is needed. This does mean that if a person where to try and escape child support payments by filing for bankruptcy they would still be force to pay the child support even if they did have their claim to bankruptcy pull through. There are many people who have tried to do this and it is part of the reasoning that it has become much harder and part of the reasoning that the term “in the nature of support” can be so important.

Many people find it difficult to find information on what exactly “in the nature of support” means but in all actuality it simply means expenses that came with raising your child, making their life better or caring for them in terms of health and more. This means that you are able to get away from debt that is in terms of your own school loans or other related finances as well as where you live but you are unable to get out of debts that have to do with responsibly taking care of your child. This includes debts that are associated with hospital bills and much more. So, debts that are "in the nature of support" are essentially debt acquired while supporting your child.

Contact a child custody attorney in your area today!