Legal Question in Bankruptcy in California
file bankruptcy for back child support if child is over 18 years of age.
Can I file banckruptcy in the state of Calif. for back child support if the children are over the age of 18 and are on there own. Or at least have the amount of the support reduced. It is in as much of $50,000.00.
1 Answer from Attorneys
Re: file bankruptcy for back child support if child is over 18 years of age.
Nope. Child support arrears last forever. If you owe the money to mom you may be able to negotiate a settlement with her which would be legally boinding. If you owe money to the County, they usually will not negotiate. The only thing you can do is get a court order allowing you to pay arrears in a specified amount each month, probably for the rest of your life. As an alternative, you could take the obligee to court and show you do not owe what the obligee is claiming you do--note that Counties are infamous for overcharging more than they are legally entitled to. Also note that such litigation will cost you over $5,000.
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