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Can child support be discharged in a Chapter 7 bankruptcy filing?

Escondido residents who are exploring the possibility of filing for bankruptcy typically have a lot of questions about the process. Many will want to know how long the process can take. Others will want to know if filing for bankruptcy really will address all of their financial issues. And almost everyone will want to make sure that the debts they hold will be discharged.

One type of debt that many people may have is unpaid child support, or child support that is "in arrears." For whatever reason, these individuals simply have not been able to comply with a court order to pay child support. So, can child support be discharged in a Chapter 7 bankruptcy filing?

In short, the answer is "no." Child support obligations, even if they have added up to thousands of dollars over a period of years, cannot be discharged in the bankruptcy process. However, that doesn't mean that a bankruptcy filing can't help a person who owes unpaid child support. How can a bankruptcy filing help a person who owes child support if the filing can't discharge the obligation? Well, what the bankruptcy filing can do is eliminate many other types of debt. With other debt obligations discharged, the filer will then likely have increased financial resources to use toward paying the child support obligation.

There are many different kinds of debt that can come up in a bankruptcy filing. Escondido residents who are considering filing for bankruptcy in an effort to solve their financial problems will need to know how bankruptcy can help their unique circumstances.

Source: FindLaw, "Child Support and Bankruptcy," Accessed Oct. 30, 2016

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