Legal Question in Bankruptcy in California

bankruptcy/child support

I don't understand how that goes.Will it clear what I owe now and start new or will what i owe now have nothing to do with the bankruptcy?


Asked on 7/15/08, 2:43 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: bankruptcy/child support

Bankruptcy cannot be used to discharge child support obligations.

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Answered on 7/15/08, 2:55 pm
Robert Mccoy Law Office Of Robert McCoy

Re: bankruptcy/child support

Child support is not dischargeable in a bankruptcy. However, past due child support can be paid off in a chapter 13 bankruptcy repayment plan. The benefit is that no interest will accrue on the past due child support during the pendency of the chapter 13 bankruptcy, and the payment period can be as long as 5 years. Also, as child support is a priority debt, it takes precedence over other debts like credit card debts. So, if he qualifies, a person could file a chapter 13 bankruptcy and pay back only past due child support over the next 5 years. $0.00 could be paid toward other debts and all those debts would be completely discharged.

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Answered on 7/15/08, 3:25 pm


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