Legal Question in Bankruptcy in United States

Chances are it will not be dischargeable in bankruptcy if it is in the nature of child support, which it sounds like it is from what you say.

If it was decreed in a divorce decree it is non-dischargeable in bankruptcy.

Although you must list this debt in any bankruptcy you file, debts considered to be child support are not eligible to be eliminated in bankruptcy. Even though this debt was not directly for child support, it is close enough to being child support that most bankruptcy courts will find that it is child support.

If you are being harassed for collection of this debt, you may be able to manage small payments on this debt through a program in Bankruptcy Court called Chapter 13. You could be protected from the debt collection process for up to 5 years with this program. I would suggest that you consult with an experienced Chapter 13 attorney in your community for further information.

Good luck!

The debt is dischargeable unless it is both court ordered in connection with a domestic relations case (divorce or child support) and it the order is in the nature of support.