Understanding the Impact of Bankruptcy on Your Texas Child Support
What Happens to Child Support if You File Bankruptcy in Texas?
Here’s the short answer: Child support obligations in Texas cannot be discharged in bankruptcy. Even if you’re overwhelmed by credit card debt, medical bills, or personal loans, child support remains a non-negotiable priority under both federal and Texas law.
Quick Facts: Child Support and Bankruptcy in Texas
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Child support is a non-dischargeable debt in both Chapter 7 and Chapter 13 bankruptcy
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Missed payments (arrears) are also non-dischargeable and must be repaid
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Automatic stays do not prevent enforcement of child support orders
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Family courts and bankruptcy courts often work in parallel—but child support is king
How Bankruptcy Works with Child Support in Texas
What’s the Real Deal on Dischargeable vs. Non-Dischargeable Debts?
Bankruptcy can eliminate many types of debt—but not all. Here’s a quick breakdown:
Dischargeable Debts:
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Credit card debt
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Medical bills
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Personal loans
Non-Dischargeable Debts (including):
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Child support
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Alimony
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Criminal restitution
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Some tax obligations
So if you’re asking, “Can bankruptcy discharge my child support in Texas?”—the answer is a solid no.
For more on how domestic support obligations are treated in bankruptcy, refer to the U.S. Courts’ official bankruptcy guide.
Can Bankruptcy Help If You’re Behind on Child Support?
Yes, but with limitations.
Filing Chapter 13 might help you reorganize child support arrears over time, bundled into a repayment plan. But this does not reduce the total amount owed.
For example, if you owe $5,000 in child support, your Chapter 13 plan might allow you to repay it in manageable installments over 3–5 years.
This can provide breathing room while avoiding aggressive collection tactics like wage garnishments or license suspensions.
Does Bankruptcy Stop Child Support Collection in Texas?
No. The moment you file bankruptcy, an automatic stay goes into effect—but it doesn’t apply to:
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Establishing or modifying child support orders
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Enforcing payment through wage garnishment
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Suspending licenses due to non-payment
Why? Because child support enforcement is considered an “exercise of governmental police powers,” which aren’t halted by bankruptcy.
What About Custody, Visitation, or Divorce-Related Proceedings?
Filing bankruptcy does not affect your parental rights or your ex-spouse’s ability to request:
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Custody modifications
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Visitation adjustments
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Increased support payments
The Texas Family Code and federal law ensure that children’s needs come first, no matter what your financial situation looks like.
FAQs About Child Support and Bankruptcy in Texas
Can I reduce my child support payments by filing bankruptcy?
No. You must go through family court to modify support payments. Bankruptcy won’t lower what you owe.
Will filing for Chapter 13 stop wage garnishments for child support?
Only temporarily, and only if you continue making court-approved payments. Miss a payment, and garnishment can resume.
What happens if I ignore child support while in bankruptcy?
You risk:
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Contempt of court
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Fines or jail time
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License suspensions
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Seizure of tax refunds
Is my bankruptcy trustee going to get involved with my child support?
Yes, especially in Chapter 13 cases. Trustees will ensure you’re paying your domestic support obligations before other debts.
Why Choose Kisch Consumer Law?
If you’re stuck between debt relief and family obligations, Kisch Consumer Law provides targeted legal strategies that balance both.
Here’s what sets them apart:
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Expertise in Texas bankruptcy and family law intersections
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Compassionate, one-on-one consultations
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Proven track record with debt reorganization plans that respect child support laws
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Supportive resources and follow-up throughout your case
Pro Tips: Navigating Bankruptcy and Child Support Like a Pro
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Consult both a bankruptcy and family law attorney to ensure full compliance and better outcomes
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Stay current on all future child support obligations—even during bankruptcy
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Keep detailed records of all child support payments before, during, and after filing
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Communicate with your ex-spouse about your financial situation if safe and appropriate to do so
Final Thoughts: Bankruptcy and Child Support Don’t Mix—But You’ve Got Options
Let’s keep it real. Bankruptcy won’t erase your child support, and ignoring it can turn an already stressful situation into a financial horror film starring you. But with expert legal guidance, you can reorganize your debt, meet your obligations, and get some of that sweet, sweet financial peace.
You’ve got enough on your plate without second-guessing legal strategies.
Visit Kisch Consumer Law to get a custom plan that respects your family priorities and gets your finances back on track