When I declare bankruptcy do I still have to pay child support?

When a person can no longer make the payments that they are obliged to make each month, they may find themselves in some financial hot water. Struggling to deal with insurmountable debt can be take a big toll on a person’s emotional and physical wellbeing. You should be able to rely on an experienced bankruptcy attorney who can explain the process to you to make it as easy as possible for you to move forward after you are able to relieve your debts.

There are several types of bankruptcy. There are Chapter 7’s, Chapter 13’s, and Chapter 11’s. Most parties will end up doing either a Chapter 7 or a 13. A Chapter 7 is a complete liquidation of all of your debts and assets except for any exemptions which are permitted by law. For instance, you can get rid of credit card debt, but you cannot get rid of alimony, or child support, student loans, or taxes in a bankruptcy.

If your parenting agreement is that you are required to make child support payments each month, you cannot default on those during bankruptcy. However, New Jersey may allow you to make a post-judgment modification to your child support obligations. If you want to request a modification of your child support obligations, you will have to do so through the court. Working with the Radol Law Firm for this type of matter would be beneficial because we are experienced in both bankruptcy and family law matters so we can fully understand the best ways to assist you.

The Radol Law Firm is proud to serve the people of New Jersey in their divorce and family law, elder law, estate planning, and bankruptcy matters. Contact our firm today to schedule a consultation.