Kara Sears
Child support can be a significant expense for divorced and separated parents, and this financial strain can be magnified by unexpected challenges such as medical bills or job loss. While bankruptcy can help alleviate some debts, it's important to note that child support is not dischargeable in bankruptcy in Georgia. This means that even if you file for bankruptcy, you will still be required to make timely child support payments and address any arrears.
| Characteristics | Values |
|---|---|
| Can child support be discharged in bankruptcy? | No |
| Can bankruptcy stop child support payments? | No |
| Can child support arrears be pursued after bankruptcy? | Yes |
| Can other debts be discharged in bankruptcy if child support payments are up to date? | Yes |
What You'll Learn
Child support payments are not dischargeable in bankruptcy
In Georgia, there is generally no statute of limitations on back child support payment arrears. This means that, unlike other debts, child support arrearages may be pursued potentially decades later.
If you stay current on your regular child support payments and have paid back all of the child support you owe, the rest of your debts will be discharged in bankruptcy. This can give you more financial freedom.
To learn more about the debts you can and cannot discharge when you file for bankruptcy in Georgia, it is recommended that you work with an attorney.
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Child support arrearages can be pursued decades later
If you are facing bankruptcy, it is important to stay current on your regular child support payments. If you are up to date with your payments, the rest of your debts will be discharged in bankruptcy. However, if you fall behind on your child support payments, separate actions may be taken outside of bankruptcy to collect the money.
It is important to note that child support can represent a significant expense, especially if you are facing other financial challenges. If you are unable to make your child support payments, it is best to seek legal advice. A Georgia bankruptcy attorney can help you understand your options and decide on the best course of action.
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Child support payments can be a significant expense
However, if you stay current on your regular child support payments and have paid back all the child support you owe, the rest of your debts will be discharged in bankruptcy. This will allow you more financial freedom.
To learn more about the debts you can and cannot discharge when filing for bankruptcy in Georgia, it is recommended that you work with an attorney.
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Bankruptcy won't clear unpaid child support
Child support is not dischargeable in bankruptcy in Georgia. This means that any unpaid child support will not be cleared as a result of bankruptcy. All parents must, by law, support their children financially.
If you are facing considerable financial strain, child support payments can become a significant expense. However, as long as you continue to make timely payments on your Chapter 13 plan and stay up to date with your current child support payments, you will not need to worry about separate actions made for the purposes of collecting money outside of bankruptcy.
It is important to note that there is generally no statute of limitations on back child support payment arrears in Georgia. This means that, unlike other debts, child support arrearages may be pursued potentially decades later.
If you are struggling to make child support payments, it is best to seek legal advice. A Georgia bankruptcy attorney can help you decide which bankruptcy option is right for you and advise on the debts you can and cannot discharge when you file for bankruptcy.
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Timely payments on a Chapter 13 plan can prevent separate actions for collecting money
Child support is not dischargeable in bankruptcy in Georgia. However, timely payments on a Chapter 13 plan can prevent separate actions for collecting money.
If you are falling behind on your child support payments, it is important to let the recipient know right away. You may be able to seek a modification to your original child support order to adjust the amount of money you must pay each month. This can be done through the court changing the support order.
While the automatic stay that comes with Chapter 7 bankruptcy will stop most of your other creditors from coming after you, it does not apply to child support. However, paying child support can reduce the amount of money you need to pay back to any unsecured creditors.
If you stay current on your regular child support payments and have paid back all of the child support you owe, the rest of your debts will be discharged in bankruptcy, allowing you more financial freedom.
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Frequently asked questions
No, child support is not dischargeable in bankruptcy. You will need to continue to make child support payments despite being in bankruptcy.
If you stay current on your regular child support payments and have paid back all of the child support you owe, the rest of your debts will be discharged in bankruptcy, allowing you more financial freedom.
Child support arrearages may be pursued potentially decades later.
