Financial hardship leads many individuals to consider bankruptcy as a way to manage serious debt. While bankruptcy can eliminate or restructure many financial obligations, some debts receive special treatment under federal law. When considering seeking debt relief, people often ask if they can discharge alimony or child support debt while in bankruptcy.
It is essential to know how courts treat family support obligations in bankruptcy cases. Bankruptcy may offer relief from certain debts, but it generally does not remove court-ordered support payments. Our skilled bankruptcy attorneys from Werner, Hoffman, Greig & Garcia could help you understand how these rules apply to your situation and what options may still be available.
How Bankruptcy Treats Domestic Support Obligations
Domestic support obligations include court-ordered child support, alimony, or maintenance payments that arise from divorce or separation. Under federal bankruptcy law, these obligations are considered priority debts.
Because of this classification, alimony and child support debt typically cannot be discharged through bankruptcy. Whether you file Chapter 7 or Chapter 13, you remain responsible for paying ongoing support obligations. Courts prioritize these debts because they are intended to support a former spouse or child who depends on those payments for financial stability.
In addition, individuals who file Chapter 13 bankruptcy must remain current on their ongoing support obligations while their case is active. Failure to stay current can prevent the bankruptcy from being completed.
What Happens to Past-Due Child Support or Alimony?
Past-due child support or alimony payments, often called arrears, are also treated as priority debts, and bankruptcy does not usually discharge them. However, the process may help organize how they are repaid.
In Chapter 13 bankruptcy, overdue support payments may be included in a structured repayment plan that lasts three to five years. This plan can make it easier to catch up on past-due payments while managing other debts at the same time.
Even with a repayment plan, you still owe these debts. Bankruptcy courts generally do not allow support obligations to be discharged because they involve the financial well-being of another person.
Speak With a Bankruptcy Attorney at Werner, Hoffman, Greig & Garcia About Discharging Alimony or Child Support Debt
If you are wondering how you can discharge alimony or child support debt while in bankruptcy, the general answer is that these debts remain enforceable. Courts prioritize the financial protection of spouses and children above most other creditors.
If you are facing financial stress while managing support obligations, contact Werner, Hoffman, Greig & Garcia to speak with a knowledgeable attorney about what bankruptcy can do for you and develop a strategy for moving forward.
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About the Author
Adam Werner is a partner and practicing attorney at WHG. He specializes in personal injury cases, workers’ compensation claims, and veteran disability benefits. He routinely writes about personal injury and workers comp topics for the Werner, Hoffman, Greig & Garcia blog.
