Legal Question in Bankruptcy in California

Back child support, child has obtained majority

Can I eliminate the debt, to the Stat if California, for my back child support? Daughter has obtained her majority, and the debt is to the state only.


Asked on 10/15/02, 9:38 pm

2 Answers from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: Back child support, child has obtained majority

Probably not. Child support is generally not dischargeable in a bankruptcy. You can, however, discharge any arrears that accrued before the court made the first order requiring you to pay child support--usually a small amount. So what do you do? If you are at a point that you can pay off all the arrears in 60 months through a payment plan, a Chapter 13 bankruptcy will stop interest and penalties from accrueing and stop any wage assignments. Or, you could get a court order allowing you to make payments over time (but this will not stop the interest from accrueing). Finally, you could hire an actuary and attorney to dispute the fees charged and might have some success in reducing the alleged amount owed (but be prepared to pay at least $10,000 in attorney fees if you take this route).

Read more
Answered on 10/15/02, 10:06 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Back child support, child has obtained majority

No.

Read more
Answered on 10/15/02, 11:59 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California