CanI file for bankruptcy on back child support?

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CanI file for bankruptcy on back child support?

I owe $50,000 in back child support; the kid is well over 18 so none of it is for current support. The $250 that they take every month doesn’t even cover the interest and now that I’m on unemployment and only getting $800a month, all it does is make it impossible to survive. I live in NV and the order is out of OR. They are not going to be homeless or starve if they don’t get paid but I will if they do get paid.

Asked on April 9, 2011 under Bankruptcy Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately for you, there are a few types of debts which are *not* dischargeable in bankruptcy, and child support is one of them. So while bankruptcy may help with other debts, it won't help with this one. (It also wouldn't help with alimony or spousal support.) Below I've attached a link to a page which describes discharges and ennumerates the common kinds of debts which are not discharged.

You may be able to settle the debt with your spouse if you can show that paying all of it is an impossibility and can come up with a plan to pay some, but a settlement is voluntary. It's certainly worth the conversation, however.

Here's the link: http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/DischargeInBankruptcy.aspx


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