Debtors who fall behind on making spousal or child support payments may be under the impression they cannot file for bankruptcy. In fact, if you meet qualifications and requirements to file, you can seek bankruptcy protection when you fall behind. Yet, keep in mind that bankruptcy may not discharge debt related to back child support or spousal support payments.  Bankruptcy may help in discharging other debt to help make support payments easier for you.

While bankruptcy is a powerful tool that can help you gain control of your finances, certain debts may not qualify for discharge.  Chapter 13 bankruptcy may help you get back support payments made through a repayment plan approved by the bankruptcy court.  The repayment plan may help you avoid jail time since it helps debtors get caught up on support payments.  While the repayment plan is enforced, the debtor may be required to continue current alimony or child support payments.

In Chapter 13 bankruptcy a trustee is assigned to receive and forward payment to the appropriate party that is entitled.  If you are seeking to discharge debt, Chapter 7 bankruptcy may be an option to consider, yet this won’t eliminate back or late support payments.  The filing may help you discharge eligible debt so that you can make support payments.  Chapter 13 is also an option to help you maintain your home or vehicle while getting payments caught up.


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