When parents get divorced, they have a lot to consider. Children need supporting, and it can make raising them more difficult when the child is only with one parent at a time. That said, courts in California often award custodial parents child support payments, as our courts believe that each parent should contribute, at least financially, to a child’s upbringing. Though this makes sense, what if you have to pay child support but find yourself in financial turmoil? Even worse, what if you find yourself having to file for bankruptcy? If you are about to file for bankruptcy, yet you have to make child support payments you cannot afford, you’re most likely wondering whether you have any other options. Please continue reading and speak with a dedicated Los Angeles divorce attorney from the Zitser Family Law Group, APC today to learn more about what happens in these cases and how our legal team can help you.
Am I allowed to stop making child support payments if I file for bankruptcy?
To start, you need to understand that when a person files for bankruptcy, the bankruptcy court will break their debts down into two types: dischargeable and non-dischargeable. Essentially, dischargeable debt is debt that can be wiped away through bankruptcy, such as credit card debt. On the other hand, non-dischargeable debt cannot be wiped out through bankruptcy, and, therefore, must be paid off. Child support is considered a non-dischargeable debt here in California, which means that regardless of your financial situation, you will have to continue making child support payments.
That being said, you should note that this doesn’t mean you don’t have options. For example, if you are unable to make full child support payments due to financial hardship, there’s a chance you may qualify for a child support modification. This means that in some cases, we can file a motion with the court and request a reduction in child support payment amounts that are more proportionate to your financial means.
If you would like to learn more about child support here in California or you’re seeking to modify your initial support agreement, please don’t hesitate to pick up the phone and give us a call. We are here to help in any way we can.
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For the qualified, dedicated legal representation you and your family deserve and need through any family law or divorce matter, contact Zitser Family Law Group, APC today.