Child support payments, as Florida parents know, are usually very important for the well-being of a family. However, in some cases, the parent who is paying child support might file for bankruptcy and as a result might try to claim that the support responsibilities will cease and that any back-owed support will be wiped.
Child support payments, in most cases, cannot be discharged when a parent files for bankruptcy. If a paying parent’s financial situation changes after the support payment amount is established, then that parent can seek an adjustment to the order, providing adequate evidence. Payments must continue or the state will try one of several methods to attempt to collect the support from the paying parent.
For support payments that are in arrears, the same applies, as they cannot usually be discharged during bankruptcy. Even if a parents seek and is granted an adjustment, the new amount will not affect any past debt owed for child support payments. As well, if a parent has incurred debts related to a child’s well-being and the child’s upbringing, such as medical bills, these debts cannot generally be discharged in a bankruptcy.
If a parent is concerned about the way a bankruptcy might affect child support payments, that parent might consider the assistance of a child support attorney, who can explain the state laws regarding the issue. The attorney can also help the parent file any paperwork necessary to have the state enforce the existing order through wage garnishment, bank account levies or other appropriate methods.