Law Office of Judith A. Descalso Law Office of Judith A. Descalso

Can overdue child support be discharged by filing for bankruptcy?

Many people in Escondido who are considering filing for bankruptcy have a variety of different debts that they would like to discharge. Some have debt from credit cards or auto loans, others have debt from mortgages and personal loans. As our readers have seen in previous posts here, there is no doubt that filing for personal bankruptcy can oftentimes be a very effective debt solution.

However, not all types of debt can be discharged in a personal bankruptcy filing. For instance, there has been a great deal of national news coverage regarding student loan debt over the last few years, and one aspect of this coverage is that this type of debt typically cannot be discharged in a bankruptcy. Are there other types of debts that fall within this category? For example, can overdue child support be discharged by filing for bankruptcy?

In short, the answer is "no." In general, any type of debt obligations that arise due to court orders regarding support - either spousal support or child support - cannot be discharged in a personal bankruptcy action. This can include debts involving not only overdue payments - or payments "in arrears" - but also other bills that arise from those obligations. Like, for instance, a medical bill for a person's child that a bankruptcy filer is obligated to pay as part of the overall structure of the child support arrangement.

Escondido residents will likely have many questions about what can and what cannot be discharged in a bankruptcy filing. Getting the most accurate and up to date information about what types of debts are not included in a bankruptcy filing can be an important step in the process.

Source: FindLaw, "Child Support and Bankruptcy," Accessed Dec. 26, 2015

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