Are Alimony and Child Support Debts Cleared in Bankruptcy?

 Posted on October 10, 2024 in Bankruptcy

It is normal for people to struggle financially after getting divorced. It is easier to maintain a household when there are two adults to share financial and childcare responsibilities. Child support and alimony can consume a significant portion of your income. Your financial situation might also have changed after you got divorced, causing you to fall behind on child support and alimony payments. You may also have taken on debt while establishing a new household and replacing things like furniture you lost in the divorce. While child support arrearage cannot be cleared during bankruptcy, past-due spousal support sometimes can. A Brazoria, TX bankruptcy attorney can help you understand how bankruptcy might affect your family law obligations.

Spousal Support Debt is Sometimes Cleared in Bankruptcy

If you are behind on alimony payments, this debt may be dischargeable during bankruptcy in certain circumstances. Alimony is intended for situations where the former spouses are not on equal economic footing and one spouse was earning enough to support the family. If you are filing for bankruptcy, you are probably no longer in a better financial position than your spouse and cannot keep paying support.

If you entered into an agreement to pay alimony more than two years ago, you can likely discharge this debt. Bankruptcy courts may be able to not only forgive your past due amount but alter the order so that you will not be expected to keep paying in the future.

Child Support is Not Discharged in Bankruptcy 

Unlike alimony, child support cannot be discharged in bankruptcy under any circumstances. Child support is not treated like a typical debt. Courts look at alimony and child support very differently. While your former spouse is an adult who has an opportunity to self-support and is not inherently your responsibility, children cannot provide for themselves, so their parents have a duty to support financially them even when the parent is facing hardship. Bankruptcy courts cannot alter a child support order in any way.

It is important to keep making child support payments during your bankruptcy proceedings. Falling further behind on child support or failing to keep making payments can affect your bankruptcy proceedings. If you absolutely cannot pay the full amount right now, you should keep paying as much as you possibly can.

Contact a Brazoria, TX Bankruptcy Lawyer 

The Fealy Law Firm, PC has experience guiding people with family support obligations through the bankruptcy process. Compassionate Brazoria County, TX bankruptcy attorney Vicky Fealy will do all she can to help ease the burden of your alimony and child support obligations. Contact us at 713-526-5220 for a complimentary consultation.