When you’ve fallen behind on your child support payment, digging out can seem insurmountable. Filing for bankruptcy can help. While you can’t simply discharge (wipe out) child support debt—it’s one of the obligations that’s considered a nondischargeable debt—you have options.

• A Chapter 7 case will erase other types of debt so you can devote more funds to paying your back child support.
• In a Chapter 13 case, you can pay off child support arrearages over a three- to five-year repayment plan.

Better yet, in both bankruptcy chapters, most people will pay little to nothing on credit card balances, medical bills, personal loans, and other dischargeable obligations.

Child Support Doesn’t Go Away in Bankruptcy

Not all bankruptcy debt is created equal. Some obligations are considered more important than others and must be paid in full before any other debt receives payment whatsoever. Child support is one of those debts with special “priority” status.

You can tell whether child support is a “domestic support obligation” with priority status because it will meet the following criteria:

• It came about through a separation agreement or divorce.
• You owe the debt to a spouse, former spouse, or for the benefit of a child.
• Its purpose is to support a spouse, former spouse or child.

When a debt has priority status:

• you can’t discharge it, and
• it’s first in line for payment if money is available to pay creditors.

For instance, if you owe back child support and funds are available to pay toward your debt, the Chapter 7 bankruptcy trustee—the official responsible for overseeing the case—will pay the child support first.

The good news? Even if you can’t protect your jet ski or another prized possession with a bankruptcy exemption and the trustee sells it, you’ll still benefit from the sale. The trustee will use the funds to pay off your nondischargeable support obligation before just about any other debt.

But that’s not all. Child support receives further protection.

Unlike most debts, the automatic stay—the order that prevents creditors from collecting debts—doesn’t work against child support. You’ll remain responsible for your monthly payment throughout your case.

Here’s How Bankruptcy Can Help With Child Support

Even though you can’t erase a child support obligation, many people use bankruptcy to help get out from under child support arrears. The unique benefits of each chapter can solve different problems.

For general questions about filing for bankruptcy, try Bankruptcy FAQ: Should You File?

Filing for Chapter 7 Should Give You More Money for Child Support Arrears

Chapter 7 bankruptcy is for people who don’t have enough money to pay anything to creditors. Not everyone can receive a Chapter 7 debt discharge. You’ll have to qualify by passing the means test.

The test measures your income against the median income in your state. You’ll pass if:

• your family income is below the median, or
• if, after deducting allowed living expenses, you don’t have sufficient funds to pay into a plan.

One of the biggest benefits of Chapter 7 bankruptcy is that it quickly wipes out qualifying debt—such as credit card balances, personal loans, and medical bills. Your case should be over within a matter of months.

Better yet, you don’t have to pay into a three- to five-year repayment plan like you do in Chapter 13. But it doesn’t discharge everything. You’ll remain responsible for nondischargeable debts after your case, including child support. Not only will you still have to make the ongoing payment, but it can continue to be deducted from your paycheck.

After getting rid of your dischargeable debt, however, you should be able to focus all of your extra money toward paying off your child support arrears.

For more detailed information about child support and the bankruptcy process, read Can I get rid of back child support in Chapter 7 bankruptcy?

You Can Pay Off Back Child Support in Chapter 13 Bankruptcy

Since you have to pay off your arrears anyway, it’s worth considering filing a Chapter 13 case. It can be a good way to catch up if you have enough income to afford it.

For some, it isn’t feasible because a priority debt—such as back child support—must be paid in full in a Chapter 13 plan. Before the court would confirm (approve) your plan, you’d have to show that your income is sufficient to:

• cover monthly living expenses
• continue to make your monthly support payment
• pay off support arrearages (you’ll spread them out over the three- to five-year plan), and
• pay any other amounts required by the plan.

The court will wipe out any remaining balance on your dischargeable debts after you complete the repayment plan and certify that you’re current on child support.

Talk With a Bankruptcy Lawyer

If you’re considering filing for bankruptcy and you owe child support arrears, you’ll likely want to talk to a knowledgeable bankruptcy lawyer. Most offer a free initial consultation.

If you’d like to know what you can expect to spend on bankruptcy representation, learn about the cost to file for Chapter 7 versus the amount you’ll pay for Chapter 13.