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Child and spousal support debts in bankruptcy
Child support, alimony, family support: it is all non dischargeable in bankruptcy. Nonetheless, if you owe back support, bankruptcy might help you get control of your support obligations by eliminating other creditors who compete for your dollars or by creating a Chapter 13 plan for the cure of support arrears.
Bankruptcy might also provide a forum in which any disputes about what is owed or has been paid can be determined. A bankruptcy judge won't revisit support orders made by a family law court, or modify support for the future, but might sort out accounting issues as to the amounts owed.
In Chapter 13, support is a priority claim, which must, by law, be paid in full over the life of the Chapter 13 plan. Support has a higher priority than even taxes. The automatic stay protects you from all creditor action to collect back debts while you propose and perform on a Chapter 13 plan.
See the Power of 13.
Don't be an ostrich!
Too often, the financially stressed spouse who should be paying support can't for reasons of job loss, illness, etc. The biggest mistake you can make is not attempting to get the court ordered support modified to fit the current circumstances. The current order will control what is owed each month, now and forever, until it is changed. It is virtually impossible to get a court to retroactively modify a support order, or to get any governmental agency collecting back support to compromise.
So, if circumstances have changed and you truly can't pay at the ordered level, go back to court to get it adjusted. Sticking your head in the sand on this issue is a mistake that will follow you forever until paid.
More on family law issues in bankruptcy
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