Child Support Still Must Be Paid Post-Bankruptcy

It's important to understand that when filing for Chapter 7 or Chapter 13 bankruptcy, your child support obligations will not be discharged. When your bankruptcy case begins, most of your debts will be stayed. This means that your creditors cannot seek payment for your debts during your bankruptcy case.

However, this does not apply to non-dischargeable debts. Under US bankruptcy code, non-dischargeable debts include child support, alimony payments, student loans, and taxes.

When you go through a Chapter 7 or Chapter 13 bankruptcy process, it's essential that you continue to make your child support payments. If your child support payments currently come out of your paycheck, that will continue to be the case throughout your bankruptcy proceedings.

When determining who will receive payments as a result of the liquidation of your assets under a Chapter 7 case, child support obligations will receive top priority. In a Chapter 13 case, child support payments are also a top priority and will be paid as part of your 3 to 5 year repayment plan, though of course support obligations may last more than five years.

Should you have questions about bankruptcy and how it will impact your child support payments, contact Bizar & Doyle, LLC now to get answers from one of our Chicago bankruptcy lawyers.