Legal Question in Bankruptcy in California

can chid support be included in filing for bankruptcy


Asked on 4/14/10, 1:11 pm

4 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

No.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. Seek legal and other professional counsel before acting in relation to bankruptcy. It's worth the cost.

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Answered on 4/19/10, 1:22 pm
Asaph Abrams Law Office of Asaph Abrams

Permit me to clarify: "inclusion in bankruptcy" is an oft-misused phrase. Every debt must be listed on your bankruptcy petition, statements and schedules submitted to the court. However, child support cannot be discharged in bankruptcy and I assume your question pertained to dischargeability (cancellation) of debt.

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. Seek legal and other professional counsel before acting in relation to bankruptcy. It's worth the cost.

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Answered on 4/19/10, 1:25 pm
Mark Markus Law Office of Mark J. Markus

I agree with Asaph. I have no idea what you mean by "included". If you are asking whether child support debt is dischargeable in bankruptcy, the answer is "no".

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Answered on 4/19/10, 1:27 pm
Mark Aalam Bankruptcy Legal Center

I concur with my colleagues. In fact, any type of domestic support obligation, including child support, is nondischargeable in bankruptcy. That means that no matter what type of bankruptcy you file, you will still have to pay all of your child support obligations.

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Answered on 4/19/10, 6:02 pm


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