San Jose Child Support Lawyer

Child Support and Bankruptcy

With the uncertain economic times and the record number of people filing for bankruptcy, many people are concerned that their former spouse will be able to get out of paying child support or the child support that is owed. However, this is unlikely to happen as child support payments cannot be discharged through bankruptcy.

While many debts can be discharged or lessened through the various chapters of bankruptcy, child support is not one of them. This is most likely due to the involuntary nature of child support. A parent that is supposed to pay child support did not choose to take on the debt or overextend his or her credit. The parent, by virtue of being the parent, is supposed to support his or her child, regardless of credit.

It is true that the uncertain economic times make it more difficult to pay child support for many people. However, this does not mean that individuals who file for bankruptcy are let off the hook. Their obligation is still present.

Another reason for not discharging owed child support is that the debt isn’t to a bank or credit card company. The debt is to a child and a former spouse. There is also nothing that can be taken away or sold to relieve the individual of the debt once and for all. The only way to get out of paying child support is not to have a child or wait until the child reaches maturity.

Contact a San Jose Child Support Lawyer

If your former spouse has not been paying child support and owes a considerable amount of money, contact the San Jose child support lawyers of the Law Office of Daniel Jensen at 408-296-4100.