Will all her child support arrears and such future support as well as similar obligations be discharged in a Chapter 7 bankruptcy?

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Will all her child support arrears and such future support as well as similar obligations be discharged in a Chapter 7 bankruptcy?

We just received documents from US Bankruptcy Court from my husband’s ex-wife stating that she filed for a Chapter 7. She is in the arrears on her child support and court order payments for the kids extra curricular activities.

Asked on May 28, 2014 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under federal law, child support payments cannot be discharged in a bankruptcy filing. The support payments will remain the same unless the state court changes the existing order for support. To be on the safe side, I suggest that you consult with a family law attorney that knows bankruptcy law in your community. Such an attorney can be found on attorneypages.com.


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