There are a few types of debt that cannot be dismissed when you file bankruptcy. However, that does not mean bankruptcy won’t help you manage those debts. The key to remember is that everything that goes through the court system is a matter of permanent record, and that in some ways this can help you.
When pleading with the court for a lower child support payment, there is no better documentation than a decision made by another court. You may not be able to dismiss your child support obligation with bankruptcy, but you may be able to use your bankruptcy to receive a more manageable child support payment.
Dealing with Child Support Arrears
Child support is not a bill or credit line that can be dismissed. Rather, it is considered in a similar manner as debt owed due to convictions. In other words, you are not buying something with this money. Instead, you are making a payment due to a responsibility you have for your past actions. Put simply, child support is not the result of a purchasing decision, so courts are unlikely to discharge it with your other debts. Read more about child support and bankruptcy on our blog.
When you get behind on child support payments, the only real way to have payments you owe be dismissed is by becoming a noncontributing member of society. In other words, you would need to be either homeless or imprisoned for an extended period of time. Obviously, neither of these is a desirable solution.
Using Bankruptcy to Help with Child Support
When you file bankruptcy, it means you can no longer afford the payments you are expected to make to your creditors. In many cases, this is due to an extreme change in your lifestyle. Perhaps you lost your job or were unable to find work for an extended period of time after you accrued the debt, or perhaps you have medical bills you are unable to pay.
There are a number of reasons you may not be able to meet child support obligations in addition to your other debts and expenses. When you file bankruptcy, a few things happen that you can use to help with your child support.
- The courts see that your income has decreased. This may help when you ask for a reduction in child support payments.
- The money you were previously paying toward debts can now be used to pay child support.
- After bankruptcy, you can focus on paying child support and building a better credit score.
Although bankruptcy may not eliminate your child support payments, this does not mean you won’t benefit from a discharge of your other debts. In turn, this may allow you to manage your child support payments a little better.
Please share this post online with friends and family members who may need help with child support and filing bankruptcy in Florida.