How bankruptcy affects your child support payments

On Behalf of | Feb 4, 2025 | Bankruptcy Law, Child Support |

With groceries, gas and housing costs climbing higher every month, keeping up with daily expenses can stretch any budget to its breaking point. When severe debt piles up, bankruptcy may be your only path to a fresh start.

But if you’re paying child support, is bankruptcy still an option for you?

Can you file for bankruptcy if you pay child support?

Yes, you can file for bankruptcy even with child support obligations. Having child support responsibilities doesn’t disqualify you from seeking bankruptcy protection in Mississippi.

However, you must disclose all child support obligations in your bankruptcy paperwork, including any past-due amounts. Your child support details can help the court understand your financial situation and determine the best path forward.

The truth about discharging child support debt

Some people mistakenly believe that filing bankruptcy allows them to discharge past-due child support payments. However, bankruptcy won’t stop your duty to pay either ongoing or outstanding child support.

Remember, child support debt isn’t dischargeable.

The law considers these payments as “priority debts,” which means they take precedence over other financial obligations. Your regular child support payments need to continue during and after bankruptcy, regardless of whether you file Chapter 7 or Chapter 13.

Your options when struggling with payments

You still have options even though you can’t discharge child support debt. You may use your bankruptcy filing as supporting documents to request a child support modification. This can help improve your chances of a successful modification petition. Additionally, consider adding overdue child support payments to your Chapter 13 debt repayment plan.

Balancing child support with bankruptcy relief

While bankruptcy won’t wipe your child support responsibilities off your slate, it can still help your financial situation. By reducing or eliminating your other debts, you may find yourself better able to meet your child support responsibilities.

An experienced legal professional can offer more advice on navigating bankruptcy and child support payments. More importantly, they can guide you navigate the filing process and help you meet your financial responsibilities.