Legal Question in Bankruptcy in Washington

can I file bankruptcy aginst child support owed?

I owe approximately 4800.00 in back child support to the state of Washington. I am unemployed and my children's father is deceased. I do not in the forseeable future have any means to pay this, but I am afraid they will take my licensing priviledges if I do not do something. Can I file bankruptcy against this debt? My children are grown and in college.


Asked on 6/02/04, 12:05 pm

3 Answers from Attorneys

Sterling DeRamus Sterling L. DeRamus, Attorney at Law

Re: can I file bankruptcy aginst child support owed?

Not Chapter 7. You can file a Chapter 13 and pay it off over a five year period, but you must have an income source to qualify for Chapter 13 - either employment, self-employment or other type of income stream sufficient to support a plan.

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Answered on 6/02/04, 5:48 pm
Randal Ford Ford Firm

Re: can I file bankruptcy aginst child support owed?

the answers provided by Washtington State attorney Amir John Showrai and Alabama attorney Sterling DeRamus seem to be on point. You might be able to dispose of the child support in a Chapter 7 if the debt is owed to the State instead of the person. But I would NOT recommend filing for bankruptcy over only $4,800.00. In a chapter 7 you would pay @ $909.00 and in a Chapter 13 your attorney fee alone would be between $1300 and $1800. I suggest you heed the advice of Mr. Amir John Showrai and work out a payment plan. A bankruptcy filing will negatively affect your credit for 10 years and there is no "upside" to filing based upon the facts as you have provided. If you had $15,000 or more in debt, you might receive a different response. Remember, the state agency in Washington is looking to receive money, and would be extremely pleased (and probably helpful) if you would make the effort to repay voluntarily.

Randal Ford

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Answered on 6/06/04, 10:48 am
Amir John Showrai The Pacific Law Firm, PLLC

Re: can I file bankruptcy aginst child support owed?

For $4,800.00 I highly recommend that you avoid hiring a bankruptcy attorney and instead hire an attorney to work out a monthly payment plan that you can afford. The plan can be subject to your gaining employment. In other words, once you are employed, you must agree to pay a certain dollar amount per month to Washington State.

On the other hand, if you already have bad credit, it may be worth considering filing bankruptcy and starting all over. The key is, which way is better for you financially and credit-wise. Good luck!

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Answered on 6/02/04, 12:30 pm


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