Can a person be excused from paying back child support by filing for bankruptcy?

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Can a person be excused from paying back child support by filing for bankruptcy?

I recently filed a contempt of court against my child’s father. He has not paid child support for 7 years. I got a paper in the mail stating he has filed for bankrupsy and I am one of the people he wants to be excused from debt from. Do I have to file any papers against him? Should I have a lawyer to help me?

Asked on October 17, 2012 under Family Law, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under federal bankruptcy laws certain things cannot be discharged including child support and spousal support obligations. However to protect the interests of your child you should immediately consult with a bankruptcy attorney who practices in the area of family law to file a claim with the bankruptcy court to prevent a discharge of the child support obligation owed.


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