Resolving Problems with Child Support or Alimony
Personal bankruptcy cannot change court-ordered obligations to pay child support or spousal support. Our bankruptcy attorneys keep up on the latest changes in bankruptcy law that affect child support and alimony payments, and we help our clients understand their obligations under the law.
At the Southern California law offices of D.J. Rausa, we can help you identify your options and answer your questions about bankruptcy and support. Contact one of our San Diego area offices at 1-888-712-5978.
Child Support and Alimony Are First Priority Claims
The 2005 law makes child support and alimony non-dischargeable, first priority claims. That means filing for bankruptcy does not eliminate the obligation to pay domestic support. It also does not eliminate back support, or arrears.
Bankruptcy Does Not Affect the Receipt or Payment of Court-Ordered Support
Filing for Chapter 7 or Chapter 13 bankruptcy protection does not change alimony or child support. People who are receiving spousal or child support and who file for bankruptcy will still be able to receive support. Payers of support must meet all support obligations before a bankruptcy can be discharged. The law considers the right to receive and the obligation to pay support as more important than the right to file for bankruptcy protection.
Contact Us to Learn About Your Options
If you pay support, you may be able to seek a modification to the original support order. If you receive support, you may seek an enforcement action to collect back payments and to ensure future support.
We can also discuss the options that apply to very specific circumstances. Whether you pay or receive domestic support, we can advise you about your situation and discuss the best approach to take. Contact us at The Law Offices of D.J. Rausa. Call 1-888-712-5978.
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