The Short Answer
Yes, you can file for bankruptcy even if you're behind on child support or alimony. However, neither of these debts can be discharged — bankruptcy will not wipe them out. What bankruptcy can do, specifically Chapter 13, is give you a structured way to catch up on overdue support payments over three to five years through a repayment plan. Filing does not stop your obligation to keep making current support payments going forward.
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.
Key Takeaways
- Child support and alimony are non-dischargeable debts — bankruptcy cannot eliminate what you owe.
- Chapter 13 allows you to repay support arrearages over 36 to 60 months through a plan managed by the Chapter 13 Trustee.
- The Trustee forwards your plan payments directly to the person entitled to receive child support or alimony.
- Filing bankruptcy does not pause or eliminate your ongoing current support obligations — you must continue making those payments.
- If a state court has threatened you with jail time for falling behind, a Chapter 13 plan can help you get current and potentially avoid that outcome.
- Chapter 7 bankruptcy does not offer a mechanism to catch up on support arrearages the way Chapter 13 does.
Attorney Insight
The mistake I see most often is people assuming that because child support got them into financial trouble, bankruptcy must be able to fix all of it — including wiping out what they owe. It can't, and walking into court expecting discharge of support arrears is a serious misunderstanding. What Chapter 13 actually does well here is buy you breathing room: instead of facing a contempt hearing or potential incarceration in NC state court, you get a court-approved plan that spreads those arrearages out and keeps the Trustee — not an angry ex-spouse's attorney — in the middle of the payments. I've seen this approach spare clients from jail time when the state court route had essentially run out of road.
