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How Will Bankruptcy Affect My Child Support?

Courts view the obligation to financially support one’s children seriously, and it’s rare that a parent will be relieved of this responsibility — even if the parent files for bankruptcy. This article will review several things that parents need to keep in mind with regard to bankruptcy and child support.

First, it’s important to note that a successful bankruptcy filing will not result in the discharge of one’s child support obligations. In addition, no bankruptcy process will ever serve to stay or place a hold on court proceedings to establish or modify child support.

Second, unpaid child support payments will never be resolved through the bankruptcy process. No matter how much a parent owes in back child support, the past and future obligations of the paying parent will stay the same, regardless of the bankruptcy’s success. Although a parent can file for a child support modification to reduce future payment obligations if he or she has experienced a significant change in financial circumstances, the parent will never be able to wipe out the past due child support payments he or she currently owes.

Nevada parents who have questions about bankruptcy and child support may want to discuss their questions with a family law attorney. A family law attorney can address how a bankruptcy could affect one’s child support payments, in addition to providing advice for managing child debt obligations through the course of the bankruptcy process. In this respect, your lawyer will help you ensure that (1) you stay on top of your support payments, and (2) you do not get in trouble with the law for a failure to pay.

Source: FindLaw, “Child Support and Bankruptcy,” accessed March 22, 2017

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