Child Support

The 2005 revision to the Bankruptcy Code made the collection of domestic support obligations a much higher priority. Domestic support obligations are now specifically excepted from discharge, and the automatic stay does not extend to support obligations.

The gist of the change is that a Chapter 13 bankruptcy debtor must certify the payment in full of domestic support obligations or that the confirmed plan provides for payment of pre-bankruptcy domestic support obligations in order to obtain a final discharge of other debt through bankruptcy.

A Chapter 13 bankruptcy discharge does not affect post-discharge child or spousal support obligations. In other words, even at the conclusion of the bankruptcy proceeding, these on-going obligations remain and a debtor must be current.

If you’d like to learn more about or clarify the information on this page, reach out to the bankruptcy attorneys at the Cook Law Firm today!

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