Child Support and Bankruptcy

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There are two different considerations concerning child support and bankruptcy, and those are whether you are receiving child support or if you owe back child support.

If you are receiving child support and plan on filing bankruptcy, you will have to disclose the payments you receive, and if you are owed back support. Many states provide exemptions for back child support you are owed, so if your ex decides to pay you during your bankruptcy case, you may be able to exempt those payments from being taken to pay your creditors.

On your income statement you will have to disclose how much you receive in child support in order for the court to determine if you can in fact pay your debts. Alimony also must be reported.

If you are court ordered to pay child support and are behind, filing bankruptcy will not wipe out your debt. Insome instances if you owe a debt that is considered part of caring for your child, such as a medical bill, that you are court ordered to pay, you also may not be able to have that debt discharged either as it may be considered part of child support.

If you owe or are owed child support, consulting with an attorney before filing bankruptcy is important.

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This entry was posted on Tuesday, August 11th, 2009 at 8:36 pm. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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