Florida Divorce Lawyer: Bankruptcy Does Not Affect Child Support

At the very least, a filing for bankruptcy does not by itself discharge or reduce any child support obligation. Let me back up and explain what I mean: In the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, it specifically provides that all back child support and all back spousal support must be paid before any other creditor. So no one who files for bankruptcy can get a bankruptcy court to discharge a debt of back child support. It is still owed.

Nor does a bankruptcy court have the authority to reduce future child support payments. A child support obligor (the one paying) can petitionĀ a court through a separate process to have child support reduced, but it is a separate process.

Now, I said that the bankruptcy itself did not reduce a child support obligation, but there may be a connection. If the obligor has had a drastic reduction in income since the divorce decree, it could precipitate the need for bankruptcy, and it could also be used to justify a reduction in child support. If you need answers to your pressing questions regarding family law, look no further than the best family law lawyers in the business.

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