How Does Bankruptcy Affect Child Support?
When it comes to court-ordered child support, a bankruptcy can’t stop it from continuing. Children’s welfare is considered a top priority under U.S. law that can’t be overturned by a bankruptcy. The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) explains these regulations.
One type of bankruptcy is Chapter 7, a kind of liquidation bankruptcy, in which non-exempt property is sold and the proceeds used to pay off bills. Under BAPCPA, the continued monetary support of any children is thought of as a priority, and money from the sale goes to pay a court-ordered payment plan before any of it goes to debt.
Chapter 13 is the other typical kind of personal bankruptcy. It rearranges your debts and gives you a plan to pay them off that your lenders agree with. When child support exists its payments are included in the plan.
Bankruptcy can be an intimidating process, but once done, it can make child support payments easier to make. Because the other remaining bills are now lower, it makes sense that the support payments will benefit. This ensures your children will be provided for.
The experienced lawyers at Zalutsky & Pinski LTD are standing by to help you in this difficult time. Come see us today and get free parking and a free consultation. Call us at 312-273-1217 for more information. You will be happy you did.
By Kerrie Neal