Can I File Bankruptcy if I'm Behind on Child Support or Alimony?
Yes! You can still file for bankruptcy even if you are behind on alimony or child support. However, be aware that child support and alimony payments are non-dischargeable in a bankruptcy. In other words, these debts cannot be wiped out in bankruptcy.
If you are paying child support or alimony, you may get behind on these payments and the state court may threaten you with jail time for being behind. A Chapter 13 bankruptcy will usually allow you get “caught up” on these payments, avoid jail time, and pay the arrearages on the child support or alimony back through the Chapter 13 plan payments over three to five years making monthly payments to the Chapter 13 Trustee. The Chapter 13 Trustee forwards these payments to the person entitled to the child support or alimony. The bankruptcy does not stop present or current child support or alimony payments, but it can help you get caught up on these late payments and avoid possible jail time.
This is a perfect scenario for a child support modification. Here, the paying parent may request the court to modify the order of support; meaning to lower the amount of child support payments since his/her means of income is not sufficient under the circumstances.