Bankruptcy and Child Support

San Jose Child Support Lawyer

Bankruptcy and Child Support

With today’s weakened economy and unstable banking system, it seems the financial security of many Americans has been left hanging in the balance. Going through a life changing ordeal like a death in the family, a divorce, or the birth of a child can bring on additional stress to what are often already strained finances.

Filing for Bankruptcy

Some people will opt to file for some chapter of bankruptcy as a means of managing their debts and regaining control of their monetary situation. Should this be an option you, your spouse, or your former spouse is considering it is important to be aware of the effects it will have on your family obligations.

Former Spouses and Child Support

Child support obligations are not voided by filing for bankruptcy. This means that even if your former spouse files for bankruptcy and the terms of your divorce dictate that they are required to pay you child support, they must continue to do so regardless of their filing status. Filing for bankruptcy does not act as a stay or hold.

Paying Back Child Support

Child support payments in arrears, or back payments, will not be discharged by filing for bankruptcy. These obligations remain in place regardless of a former spouse’s filing status.

If you, your spouse, or your former spouse are considering filing for bankruptcy and have child support obligations, you should consult with a family lawyer to make sure that your children are still provided for.
Speak with a San Jose Child Support Lawyer
Contact San Jose child support lawyer Daniel Jensen at 408-296-4100 for guidance from an attorney who knows the field. We will discuss your situation and find a solution that keeps you and your children safe.