Legal Question in Bankruptcy in California

Discharge of a child support debt.

I recently read case law that said that an individual declaring bankruptcy had a child support backpayment discharged because the payment was due and payable to a third party. The back payment had been turned over to the State Department of Finance. Is this the case?


Asked on 7/13/99, 4:34 pm

1 Answer from Attorneys
Susan Freiman The Legal Clinic

Re: Discharge of a child support debt.

The question of dischargability of child support payments can turn on a very specific fact of the particular case. Generally, the debt is not dischargeable - but there can be exceptions. I suggest you see a lawyer who can go over all the relevant facts of your case with you, personally. If you cannot afford a lawyer, ask Legal Aid for help. Most bar associations also have a panel of lawyers willing to help for reduced fees.

Good luck.

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Answered on 7/24/99, 4:36 am


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