Can a child file for bankruptcy?

As parents you try to do everything you can to ensure the well-being of your family. Sometimes it can be difficult to talk to your children about financial problems, especially when you can't afford to get them that special something they wanted. read more

In Chapter 13 bankruptcy, all child support payments you were behind on prior to filing your case must be paid back in full through your repayment plan. Because a Chapter 13 plan cannot exceed five years, excessive child support arrearages can lead to a high monthly plan payment. read more

This means that a parent who owes child support cannot escape this duty by filing for bankruptcy. Bankruptcies do not act as a stay, or hold, on actions to establish paternity or to modify child or establish support obligations. read more

In Chapter 7 bankruptcy, child support debt receives special treatment because it is considered a priority debt. Priority debts are nondischargeable in bankruptcy. This means that if you owe any outstanding child support debt, it will not get wiped out by your bankruptcy discharge. read more