I Filed for Bankruptcy, Do I Still Need to Pay Child Support?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I filed for bankruptcy in 1999 and listed my child’s mother as well as other creditors under ch 7. I now have a court order to pay child support to her. Am I obligated to pay her or can I argue that I was released from any obligation under the prior bankruptcy law?”

Question: 11 United States Code Section 523 lists nondischargeable debts. Besides student loans, taxes, criminal restitution and others, child support is one of those things that you just do not get relief from in Bankruptcy. One can always make an argument, but this one seems like a losing one.