Ask the experts… can you discharge child support in bankruptcy?
Question: My ex-husband has filed bankruptcy to get out of paying his back support. The courts did not allow it but put him on a repayment plan. He is not keeping up with payments to the bankruptcy courts but they are giving him another chance. Can I still go after him or are my hands tied until the bankruptcy court dismisses his case for non-payment?
Hi Ellen, The courts were correct in not allowing the child support to be dismissed in the bankruptcy filing; child support is not something that can be discharged in bankruptcy. Since he is in a repayment plan with the bankruptcy courts, we would not be able to assist at this time. If the courts dismiss the account for non-payment, we can take a look at the situation. Or, you may be able to petition the court to have the child support case removed from the bankruptcy proceeding which would allow you to continue to enforce your child support. You have other rights and abilities to collect your “current” support even during a bankruptcy but these are questions for a family law attorney. We suggest that you consult with one to fully understand your rights.