How does Chapter 13 Bankruptcy Help Child Support Arrears?

How does Chapter 13 Bankruptcy Help Child Support Arrears?
Information in this article does not constitute legal advice, it is for informational purposes only, and may not constitute the most up-to-date information. Readers should contact their attorney for advice on any particular legal matter.

There are various reasons why someone may need to file Chapter 13 bankruptcy for relief. Maybe you fell behind on your mortgage or car loan payments. Perhaps you owe a considerable amount of medical or tax debts. In some instances, you may need to file Chapter 13 due to child support arrears or back alimony payments. While some of these debts may not be dischargeable in bankruptcy, filing for Chapter 13 can still help resolve your debt problem.

Chapter 13 bankruptcy is a type of bankruptcy that allows individuals to reorganize their debts and create a repayment plan that lasts between three to five years. The repayment plan is tailored to your specific financial situation and is based on your income and expenses. Once you have completed the repayment plan, any remaining eligible debts will be discharged, meaning you will no longer be legally obligated to pay them.

One of the benefits of filing for Chapter 13 is that it can help you keep your assets, such as your home or car, as long as you continue to make payments on them through the repayment plan. Additionally, Chapter 13 can stop foreclosure proceedings and prevent your creditors from harassing you with collection calls or lawsuits. However, filing for Chapter 13 also has its challenges, such as the cost of filing fees and the impact on your credit score. It's essential to consult with a bankruptcy attorney to determine if Chapter 13 is the right choice for you.

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Can I Get Rid of Back Child Support Payments in Chapter 13?

If you're struggling to make child support or spousal support payments, bankruptcy may have crossed your mind as a possible solution. However, it's important to know that domestic support obligations, which include child support and spousal support payments, cannot be discharged in bankruptcy. This means that you'll still be responsible for paying any back child support or alimony payments even if you file for bankruptcy.

That being said, filing for Chapter 13 bankruptcy can provide some relief. While you still won't be able to discharge your domestic support obligations, filing for Chapter 13 can help you avoid jail time and other penalties for falling behind on your payments. Under Chapter 13, you'll be able to create a repayment plan that allows you to catch up on your back child support or alimony payments over a period of three to five years.

It's important to note that filing for bankruptcy should not be taken lightly and can have long-term consequences on your credit score and financial future. Before making any decisions, it's best to consult with a bankruptcy attorney who can provide guidance on your specific situation.

Filing Chapter 13 for Child Support Arrears

Missing child support payments can lead to severe consequences, including jail time, suspended driver's license, and lost tax refunds, depending on your state laws. Some states may also garnish your wages for child support arrears.

If you're struggling with child support or alimony payments, filing for Chapter 7 bankruptcy won't provide relief. Although bankruptcy can discharge many unsecured debts, it won't eliminate your child support or alimony payments.

However, there is an option that can help. Filing for Chapter 13 bankruptcy allows you to catch up on child support or back alimony payments over a three to five-year repayment plan. The Chapter 13 trustee will receive your bankruptcy payments each month and use a portion of those payments to catch up on your child support arrears. By the end of the Chapter 13 plan, your child support payments will be current, and you won't have to worry about facing legal consequences.

If you're struggling to keep up with your child support payments, filing for Chapter 13 bankruptcy may provide a solution to help you get back on track.

How Does Your Chapter 13 Plan Payment Account for Arrears?

If you're considering filing for bankruptcy and are unsure whether a Chapter 13 payment plan is right for you, we've got you covered. Check out the calculator below, which uses US bankruptcy forms to estimate your Chapter 13 plan payment, highlight the pros and cons, and compare Chapter 13 to other debt-relief options:

The calculator is an excellent tool to help you determine if a Chapter 13 payment plan is affordable for you. It also provides a comprehensive list of the pros and cons of filing for Chapter 13 bankruptcy. Additionally, it compares Chapter 13 to other debt-relief options, so you can make an informed decision about which path is best for you.

You Must Remain Current on Future Child Support Payments in Chapter 13

When filing for Chapter 13 bankruptcy, it's important to know that you must continue to make all future domestic support payments. This includes child support and alimony. If you fall behind on these payments, your Chapter 13 case could be dismissed. This means that you will face the same consequences for missed payments as you did before filing for bankruptcy.

Before your Chapter 13 case can be closed and you receive your bankruptcy discharge, you will need to sign an affidavit. This document confirms that all of your child support and alimony payments are up-to-date.

If you have any questions or concerns about your domestic support obligations during a Chapter 13 bankruptcy, it's important to speak with a qualified bankruptcy attorney who can guide you through the process.

Other Benefits of Filing Under Chapter 13

Chapter 13 bankruptcy can be a helpful solution for those who are struggling with debts they cannot pay. This type of bankruptcy not only helps with child support arrears or back alimony payments, but also offers many other benefits.

  • It can stop repossessions and foreclosures, as well as wage garnishments.
  • You can keep your home, car, and other property.
  • It allows you to get rid of back child support and alimony payments, as well as other non-dischargeable debts.
  • You may be able to lower the amount you owe on your car or get rid of a second mortgage, depending on certain requirements.
  • It can protect property that would be at risk of being sold by the bankruptcy court under Chapter 7 bankruptcy.
  • You can get rid of most unsecured debts for a small percentage of what you owe to those creditors.
  • It offers a fresh start to improve your financial wellbeing.
  • You can avoid depleting savings, retirement accounts, and home equity to pay debts that you cannot afford to pay.

However, filing for Chapter 13 bankruptcy is a significant decision that may have consequences. While it could help you get rid of child support arrears and back alimony payments, there could be risks that you need to carefully consider. It is always wise to seek advice from an experienced bankruptcy attorney before filing for bankruptcy.

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