Bankruptcy and Child Support: Does it get your ex off the hook?

With more and more people in debt and the current economic conditions, we may see a rise in bankruptcy filings. You may be wondering if filing for bankruptcy relieves a parent of his or her obligation to pay child support. Thankfully, the answer is no. Even if your ex files for bankruptcy he or she still must pay child support.

It may even benefit you if you ex is behind on payments. I found this information on http://family-law.freeadvice.com:

"Under the post-October 17, 2005 rules, domestic support obligations are top priority in a Chapter 7 "asset case", where there are funds to pay creditors. The debtor should file a proof of claim to have most of his or her liquidated estate used to pay off the child support obligation. In a Chapter 13 case, your back child support payments will be paid through your Chapter 13 plan, in addition to the regular payments due after the petition date. These support obligations must be current in order to have your Chapter 13 plan confirmed. Moreover, to obtain a discharge in a Chapter 13 case, the debtor will have to certify that all post-petition child support obligations have been met"

If your ex is currently struggling to pay off credit card and other debts, he or she will have more money to pay child support after filing for bankruptcy. So there is no reason to panic if your ex files for bankruptcy.