The Effect of Bankruptcy on Alimony and Child Support in Texas
Can Bankruptcy Eliminate Alimony or Child Support in Texas?
Many Texans struggling with debt consider bankruptcy as a way to reset their finances. However, if you’re responsible for paying alimony or child support, you may wonder: does bankruptcy affect these obligations? While bankruptcy can provide relief for certain debts, family law obligations like alimony and child support are treated differently under the law.
How Are Alimony and Child Support Treated in Bankruptcy?
Priority of Family Law Obligations
Under both federal and Texas bankruptcy laws, alimony and child support are categorized as domestic support obligations (DSOs). This means they are considered a top priority in any bankruptcy case.
- Non-Dischargeable Debts: Alimony and child support cannot be discharged through bankruptcy. This applies to both current and overdue payments.
- Automatic Stay Exception: While bankruptcy typically halts collection efforts for most debts, it does not stop actions to enforce child support or alimony payments.
Bankruptcy Chapters and Family Law Obligations
- Chapter 7 Bankruptcy: Eliminates unsecured debts like credit cards or medical bills, freeing up resources to pay alimony or child support. Alimony and child support arrears remain your responsibility.
- Chapter 13 Bankruptcy: Allows you to reorganize debts into a manageable repayment plan. Past-due child support and alimony can be included in the plan, but you must stay current on ongoing obligations.
(Learn more about domestic support obligations from US Courts)
FAQs About Bankruptcy, Alimony, and Child Support in Texas
Can Bankruptcy Reduce My Alimony Payments?
No, bankruptcy cannot modify or reduce alimony payments. Changes to alimony must be pursued through a family court.
Does Bankruptcy Stop Wage Garnishment for Child Support?
No, bankruptcy does not stop wage garnishment for child support or alimony payments.
Can Bankruptcy Help With Past-Due Child Support?
Yes, Chapter 13 bankruptcy can include overdue child support in a repayment plan, allowing you to pay it off over time.
What Happens If I Don’t Pay Alimony or Child Support After Filing for Bankruptcy?
Failure to pay alimony or child support can result in serious consequences, including wage garnishment, license suspension, or even jail time.
(Learn more about child support enforcement from Texas Attorney General’s Office)
Key Considerations for Bankruptcy and Family Law in Texas
- Work with an Attorney: Bankruptcy and family law intersect in complex ways. Seek legal advice to understand your obligations.
- Separate Debts Carefully: Clarify which debts are related to your family law obligations versus other financial liabilities.
- Maintain Current Payments: Even during bankruptcy, you must continue paying alimony and child support.
Quick Tips for Managing Alimony and Child Support During Bankruptcy
- Prioritize Domestic Obligations: Keep alimony and child support payments up to date to avoid legal complications.
- List All Debts Accurately: Include overdue family law payments in your bankruptcy filing for proper handling.
- Consult Family and Bankruptcy Attorneys: Collaborative advice ensures you navigate both legal systems effectively.
Why Choose Kisch Consumer Law?
At Kisch Consumer Law, we specialize in helping Texans manage financial challenges involving bankruptcy and family law. Whether you’re dealing with overdue child support or struggling to balance alimony with other debts, our team provides tailored solutions.
Our Services Include:
- Analyzing the impact of bankruptcy on alimony and child support obligations.
- Crafting Chapter 13 repayment plans to address overdue family law payments.
- Navigating Texas family law and bankruptcy courts for optimal outcomes.
Ready to regain financial control? Visit us here to schedule a consultation today.
How Bankruptcy Can Help Texans With Family Law Obligations
Step 1: Understand Your Financial Situation
Review all debts, including overdue alimony or child support, to determine the best bankruptcy option.
Step 2: File for Bankruptcy
Work with an experienced attorney to file for Chapter 7 or Chapter 13 bankruptcy, depending on your circumstances.
Step 3: Address Overdue Payments
If you’re behind on child support or alimony, include these obligations in your repayment plan under Chapter 13 bankruptcy.
Step 4: Maintain Compliance
Stay current on ongoing child support and alimony payments during and after your bankruptcy case.
Bankruptcy and Family Law in Texas
While bankruptcy cannot eliminate alimony or child support, it can provide relief for other financial obligations, freeing up resources to meet your family law responsibilities. With the right legal strategy, you can balance these obligations while achieving financial stability.
Feeling overwhelmed? Let us help. At Kisch Consumer Law, we’re committed to guiding Texans through the complexities of bankruptcy and family law with confidence. Click here to take the first step today.
And remember: even when life gets complicated, there’s always a way to move forward.