How Bankruptcy Affects Your Child Support in New York

When facing financial difficulties, many individuals consider bankruptcy as a possible solution to alleviate their financial burdens. However, if you are a non-custodial parent obligated to pay child support in New York, it's essential to understand how filing for bankruptcy can affect your child support obligations.

In New York, child support is considered a priority debt, which means it is treated differently than other types of debts when you file for bankruptcy. Regardless of the bankruptcy chapter you choose—Chapter 7 or Chapter 13—your responsibility to pay child support remains intact. This is important for custodial parents who rely on child support payments for their children's well-being.

Chapter 7 Bankruptcy and Child Support

In a Chapter 7 bankruptcy, many of your unsecured debts, such as credit card debt and medical bills, can be discharged. However, child support payments are not dischargeable. This means that if you owe child support at the time of filing, you will still be required to pay these obligations even after your bankruptcy case is concluded. Failing to pay child support can result in serious legal consequences, including wage garnishments and other enforcement actions.

Chapter 13 Bankruptcy and Child Support

Chapter 13 bankruptcy, often referred to as a repayment plan, allows you to reorganize your debts and pay them off over a specified period. Similar to Chapter 7, child support obligations are not dischargeable under Chapter 13. However, it is essential to prioritize child support payments during your repayment plan. Courts will ensure that you are making the required payments for your child support as you work through your financial reorganization.

It is crucial to note that while bankruptcy does not eliminate your obligation to pay child support, it may provide some relief if you are struggling to meet your payment obligations. By discharging other debts, you can free up more of your income to ensure timely payments for child support.

Modifying Child Support Obligations

If your financial situation has significantly changed due to job loss or reduced income, you may be eligible to seek a modification of your child support order. This process typically involves filing a petition with the court demonstrating your current financial circumstances and why a modification is necessary. It's important to approach this properly, as the court will evaluate your request based on various factors, including income, expenses, and any changes in custody arrangements.

Additionally, it’s essential to stay compliant with all court-ordered payments, even if you are pursuing modification. Failure to meet your child support obligations can tarnish your credibility in court when requesting a modification.

Conclusion

Understanding the relationship between bankruptcy and child support in New York is critical for anyone facing financial difficulties. While bankruptcy can provide relief from certain debts, it does not absolve you from your child support obligations. For those considering bankruptcy, consulting with a qualified attorney who specializes in family law and bankruptcy is advisable to navigate these complex legal situations effectively.