Child Support and Bankruptcy

(251) 431-6012

Child support is a type of claim that cannot be discharged by filing a bankruptcy case. The arrears can be addressed in a Chapter 13 Plan that can stop the acceleration of the collection of the debt during the plan, so that a reasonable and affordable monthly payment can be established.

At the same time, the Debtor's other debts such as credit cards, medical bills, pay day loans, etc can be paid usually in an amount lower than what is provided by all of the contracts the Debtor previously signed. All legal action, repossession of vehicles, IRS and tax claims, divorce matters, etc are stopped by the filing of a bankruptcy petition.   This does not include administrative or court actions to establish, modify or enforce a child support order.

A Debtor can put past due child support into the Chapter 13 Plan and pay it over a longer period of time, up to 60 months.  The Debtor cannot receive a Discharge Order, however, unless Bankruptcy Form 283 is filed with the Court.  Form 283 is a Certification by the Debtor that all child support orders are current.  If the Debtor cannot pay all of the past-due Child Support within a 60 month Plan, the Debtor must be current with the payments due under the Child Support Order, which may permit the Debtor to make monthly payments on a large amount of arrears.

A debtor must be sure that all child support obligations are current while in a Chapter 13 bankruptcy Plan.   In Chapter 7, the Debtor is required to list the Child Support Enforcement Agency and the name and address of the Obligee who receives the child support funds.

In most cases other than child support matters,  Creditors must file for and obtain the permission of the U.S. Bankruptcy Court to collect on a debt outside of the bankruptcy case administration. If you have questions concerning bankruptcy law, please feel free to contact Attorney Kevin Ryan for a free phone or office consultation.

Serving

We serve the following localities: Choctaw county, Washington county, Clarke county, Monroe county, Escambia county, Mobile County including Eight Mile, Grand Bay, Irvington, Mobile, Prichard, Saraland, Semmes, Theodore, and Tillmans Corner; and Baldwin County including Bay Minette, Daphne, Fairhope, Foley, and Robertsdale.

I'll BE there for you.

I'll never be the kind of attorney your creditors want me to be. I'll always be the kind of attorney you NEED me to be. Call me. I'll BE there for you. - Kevin Ryan, Attorney at Law

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