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What happens to support obligation when parents file bankruptcy?

On Behalf of Cullen Family Law Group | Jan 27, 2020 | Child Support |

Divorce is expensive, and that can leave many divorced parents struggling to meet their bills — including their child support obligations. If your ex-spouse is behind on support (and other bills), you may be concerned about what will happen if they file for bankruptcy protection.

Relax. Generally speaking, child support obligations don’t disappear when a parent files for bankruptcy. Unlike credit card bills and other unsecured debts, it’s very difficult for a parent to escape a child support bill — even one that is long-overdue.

Here’s what you should know:

In Chapter 7 bankruptcy

Chapter 7, or “straight” bankruptcy, will discharge most of a debtor’s financial obligations rather quickly — and large banks and other institutions can usually absorb the loss fairly well. However, the same cannot be said of dependent children, so any past-due support usually still has to be paid.

The good news (for both the debtor parent and the parent who is owed support) is that the easing of all those other unsecured debts usually makes it much easier for a parent to catch up on late support payments.

In Chapter 13 bankruptcy

Chapter 13 allows the debtor parent to reorganize their debts and pay off some or all of them over a few years. During that time, the debts are prioritized according to their claim. Unsecured debts like credit cards fall to the bottom of the list — but child support is usually at the very top. You can generally expect the trustee to pay the child support that’s owed before other past-due bills.

Unpaid child support obligations can be a serious problem for both the paying parent and the recipient parent as well as for the children involved. If you need help enforcing a child support order and collecting delinquent payments, find out more about your legal options.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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