Child Support Payments and Bankruptcy

When an individual files for bankruptcy, an automatic stay is placed on an account to prevent creditors and debt collectors from seeking their payment. This automatic stay, however, does not apply to child support payments. In other words, an ex-spouse that files for bankruptcy is not protected from having to make good on past due support bills.

Even though the ex-spouse is not protected, his or her financial life is likely to be extremely complicated during bankruptcy. Fortunately, child support payments are considered to be of the highest priority. When a former spouse files for bankruptcy, his or her child support debts will be paid off before a large number of other debts. This is done in an effort to ensure that the parent that is owed support does not get left out.

More good news is that if the former spouse filed for Chapter 13 bankruptcy, there is a very good possibility that child support payments will be a key portion of the reorganization plan. This means that if the spouse does not meet future payments or pay off the past due amount, his or her bankruptcy can be nullified or other penalties can be assessed.

When a child support lawsuit is being judged at the same time as a bankruptcy case, the entire thing can become a huge mess. The courts will usually go out of their way to ensure or to guarantee the welfare of children but the system is not bulletproof. One of the most important things any parent can do is understand all of the contractual obligations in the child support arrangement.

Contact an Austin Child Support Dispute Lawyer

If your former spouse has failed to make child support payments and has filed for bankruptcy, it may be quite helpful to have an attorney on your side when going before the court. To speak with an experienced Austin child support dispute lawyer, contact the Austin child support attorneys of Slater, Kennon & Pugh Ltd.LLP at 512-472-2431.