2 July 2010

A Carmichael Lawyer Looks at Child Support and Bankruptcy

A Carmichael Lawyer Looks at Child Support and Bankruptcy

The fact is child support payments will not be discharged under bankruptcy. Most of my clients who come to my Sacramento office, serving the Carmichael community, have questions related to child support. I’ve found in my practice as a bankruptcy lawyer that most of my clients want to ensure that they are able to meet their family obligations.

Bankruptcy Stay

Under Chapter 7, the court ordered stay does not pertain to child support.  By law, your child support payments will be a priority under bankruptcy.

Paying Child Support

The good news for children and for those filing for bankruptcy is that child support is the first thing that is paid under both Chapter 7 and Chapter 13. Thus, your obligations will be met when you file for bankruptcy, ensuring that your children are given the monetary support that they need.

Bankruptcy and Back Support

In my Sacramento office, I remind clients that it is essential that they meet all child support obligations. Property that is exempt from creditors in your bankruptcy can be utilized to meet those payments. It’s best if prior to filing you’ve kept up with your payments.

Keep Current

If there’s one payment you want to keep current on, it is child support. As I tell my clients in my bankruptcy practice in Sacramento, if you don’t stay current the court will make sure that you do and they won’t look kindly on your falling behind. One thing that bankruptcy can do is make sure that your children are secure discharge many other types of debts which will allow you to make your child support payments.

Please contact our bankruptcy offices in Sacramento, San Francisco, Santa Clara, and San Francisco California, at info@california-bankruptcyattorney.com or at 888-589-1977 if you have any questions regarding bankruptcy.

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