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Child Support is Not Dischargeable in Bankruptcy

Chapter 7 bankruptcy can get rid of credit card debt, old medical bills, even certain back taxes. Child support is another matter entirely. The Bankruptcy Code excludes certain debts from discharge as a matter of public policy. For example, debts incurred while driving drunk are not eligible for discharge. Similarly, an individual that is responsible for child support will not be able to avoid the financial obligation by seeking bankruptcy protection. Congress does not want to encourage people not to pay child support.

The automatic stay rule which prevents creditors and other debt collection entities from seeking money from borrowers does not apply to child support payments. If you are trying to collect from an ex-spouse, his or her bankruptcy filing will not protect him or her from having to make payments on past due support bills.

Child support is not dischargeable in bankruptcy. In fact, debts for child support, alimony, and maintenance have a high priority over other debts of the debtor. Additionally, any debts resulting from ‘the nature of support’ are also ineligible for discharge. ‘In the nature of support’ debts are debts resulting from your child’s care and may include medical bills for your child’s care.

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  1. What is a bankruptcy discharge and how often am I eligible to receive one? | National Bankruptcy Forum

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